KEVIN GIBSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Kevin Gibson appeals his conviction for resisting an officer without violence, arguing the trial court erred by refusing to excuse a prospective juror for cause. The court agrees and reverses, holding that the juror's responses demonstrated bias regarding the defendant's right to remain silent and created reasonable doubt about her impartiality.
The trial court erred in refusing to excuse Ms. Angeloni for cause. Her voir dire responses gave rise to reasonable doubt as to whether she could set aside bias, follow court instructions, and render an impartial verdict. This error mandates reversal and remand for a new trial, as it forced Gibson to exhaust peremptory challenges on someone who should have been excused for cause.
[1] A prospective juror's inability to state unequivocally that they would vote not guilty if reasonable doubt exists, despite the defendant's exercise of the right to remain…
[2] A trial court commits reversible error by refusing to excuse a biased prospective juror for cause when the defendant subsequently exhausts all peremptory challenges.
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Join FLexlaw to unlock all legal intelligence“Her answers gave rise to a reasonable doubt as to whether she could set aside her bias, follow the court's instructions, and render an impartial verdict.”
Establishes the standard for excusing jurors for cause based on potential bias affecting impartiality
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Join FLexlaw to unlock all legal intelligenceDuring voir dire, prospective juror Ms. Angeloni indicated she would have difficulty voting not guilty if the defendant did not testify, even if she h…
The full statement of facts, procedural history, and disposition for this case are member content.
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BASKIN, Judge.
Kevin Gibson appeals his conviction for resisting an officer without violence.1 He contends that the trial court committed reversible error in refusing to excuse a prospective juror for cause.2 We agree and reverse.
During voir dire, Ms. Angeloni responded to questioning:
MR. DALESSIO [DEFENSE COUNSEL]: Do you feel that someone has a duty to convince the Judge that the crime or the traffic offense they are charged with is wrong? Do you feel that? MS. ANGELONI: I feel if they are innocent, they can tell their side of the story to the judge. MR. DALESSIO: I said before that everyone has a right to remain silent. Do you understand that no one is required to come into court and say anything to the judge, that the State has the burden of proving that they have committed whatever they are charged with beyond and to the exclusion of a reasonable doubt? MS. ANGELONI: Yes. MR. DALESSIO: If Mr. Gibson were to exercise his right to remain silent, are you telling me you would hold that against him because he’s not saying I didn’t do anything wrong? MS. ANGELONI: Not necessarily. MR. DALESSIO: Why not necessarily? MS. ANGELONI: I would have to really hear all the evidence first. MR. DALESSIO: If you heard all the evidence, if you had a reasonable doubt but Mr. Gibson did not testify, what would your verdict be? MS. ANGELONI: If he didn’t testify? MR. DALESSIO: If he didn’t testify but you had a reasonable doubt, what would your verdict be? MS. ANGELONI: I couldn’t answer. MR. DALESSIO: You can’t answer that? MS. ANGELONI: No. MR. DALESSIO: What if the Judge were to instruct you that if you had a reasonable doubt after hearing all the evidence, that you must vote not guilty, what would you vote? MS. ANGELONI: That I must what? MR. DALESSIO: That you must vote not guilty. MS. ANGELONI: Not necessarily. MR. DALESSIO: So you are saying that if you had a reasonable doubt, even though Mr. Gibson didn’t testify, that you would not be able to vote not guilty? MS. ANGELONI: Well, I’d like to hear the whole story.
MR. DALESSIO: Miss Angeloni, just so we are clear, if Mr. Gibson were not to testify here today but you had a reasonable doubt, you said that you would have a hard time pleading not guilty? MS. ANGELONI: Well, if he’s not going to testify, no. MR. DALESSIO: No, you would not plead not guilty? THE COURT: You mean find him not guilty. MR. DALESSIO: You would not find him not guilty? Excuse me. MS. ANGELONI: Right. The court denied Gibson’s request to excuse prospective juror Angeloni for cause, requiring Gibson to use a peremptory challenge to remove her from the panel. The trial court also denied Gibson’s request for an additional peremptory challenge. Subsequently, Gibson used his last peremptory challenge. The jury found defendant guilty of resisting arrest without violence and not guilty of theft. Gibson filed this appeal.
A review of the record reflects that the voir dire examination disclosed a basis for the court to excuse Ms. Angeloni for cause. Her answers gave rise to a reasonable doubt as to whether she could set aside her bias, follow the court’s instructions, and render an impartial verdict. See Moore v. State, 525 So. 2d 870 (Fla.1988); Hill v. State, 477 So. 2d 553 (Fla.1985); Singer v. State, 109 So. 2d 7 (Fla.1959); Smith v. State, 516 So. 2d 43 (Fla. 3d DCA 1987). Thus, the trial court erred in refusing to excuse Ms. Angeloni for cause and in abridging Gibson’s right to exercise peremptory challenges. In Hill, the Florida supreme court held:
[I]t is reversible error for a court to force a party to use peremptory challenges on persons who should have been excused for cause, provided the party subsequently exhausted all of his or her challenges, and an additional challenge is sought and denied.
Hill, 477 So. 2d at 556 (citations omitted). Accordingly, we reverse and remand for a new trial.
REVERSED AND REMANDED.
. Gibson was also charged with grand theft.
. Gibson also argues that the trial court erred in refusing to excuse another prospective juror for cause. Because we find that the trial court’s refusal to excuse prospective juror Angeloni mandates reversal, we need not address that contention.
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Overton v. State, 801 So. 2d 877 (Fla. 2001)…is was not overcome by his subsequent capitulation and agreement that he would follow the law as given to him by the trial court, and it was error to not dismiss [him] for cause.”) The Third District reached a similar conclusion in Gibson v. State, 534 So. 2d 1231 (Fla. 3d DCA 1988), in which it remanded for a new trial after one of the [*893] potential jurors stated during voir dire, “I feel if they are innocent, they can tell their side of the story to the judge.” Id. at 1232. Although the juror ultimately…
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Ortiz v. State, 543 So. 2d 377 (Fla. 3d DCA 1989)…for a court to force a party to use peremptory challenges on persons who should have been excused for cause, provided the party subsequently exhausted all of his or her challenges, and an additional challenge is sought and denied.” Gibson v. State, 534 So. 2d 1231, 1233 (Fla. 3d DCA 1988) (quoting Hill v. State, 477 So. 2d 553 (Fla.1985), cert. denied, — U.S.-, 108 S.Ct. 1302, 99 L.Ed.2d 512 (1988)). Ortiz exhausted his peremptory challenges, and the court denied his request for additional peremptory challeng…
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Diaz v. State, 608 So. 2d 888 (Fla. 3d DCA 1992)…082 n. 1 (Fla. 3d DCA 1990) (in prosecution for manslaughter with a firearm, court should have excused juror who stated: "I hate guns, I hate the sight of them. I almost got killed, and I just don’t like anything to do with guns."); Gibson v. State, 534 So. 2d 1231, 1232 (Fla. 3d DCA 1988) (juror who indicated that she would require defendant to testify in order to find him not guilty, because "I feel if they are innocent, they can tell their side of the story to the judge,” should have been excused for cause)…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Singer v. State, 109 So. 2d 7 (Fla. 1959)
- Hill v. State, 477 So. 2d 553 (Fla. 1985)
- Alton Moore v. State, 525 So. 2d 870 (Fla. 1988)
- Smith v. State, 516 So. 2d 43 (Fla. 3d DCA 1987)