WALTER LEE BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Discriminatory Use Of Peremptory Challenges cases and more on FLexlaw
BARKETT, Justice.
Walter Lee Brown appeals his conviction for first-degree murder and sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. Walter Lee Brown and codefendant Robert Roundtree were tried jointly for the murder of Francis Sheldon Bowden. The facts of the murder are recounted in the companion case of Roundtree v. State, 546 So. 2d 1042 (Fla.1989). We reverse Brown’s conviction and remand for a new trial because of the state’s discriminatory use of peremptory challenges to exclude blacks from the jury, as is more fully set forth in Roundtree.
Because we have directed in Roundtree that Brown and his codefendant be tried separately, it is unnecessary to address the remaining points on appeal.
Accordingly, we remand this matter to the trial court for a new trial with directions to vacate the judgment of guilt and sentence of death.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, SHAW, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (31 total)
-
Caufield v. Gino Cantele, 837 So. 2d 371 (Fla. 2002)…efects in the sewer treatment plant. Thus, I would uphold the right to claim attorney’s fees based on the Fourth District’s reasoning in Kelly v. Tworoger, 705 So. 2d 670 (Fla. 4th DCA 1998), and the reasoning of this Court in Katz v. Van Der Noord, 546 So. 2d 1047 (Fla.1989). Upon remand, the trial court should then consider the scope of the attorney’s fees clause as contemplated by the specific contract in light of the pleadings that were at issue in this case.…1 / 2
-
Irv David v. Richman, 568 So. 2d 922 (Fla. 1990)…d. The district court went on to distinguish between such a situation and one in which a valid contract is merely found to be unenforceable, concluding that attorney’s fees are recoverable in the latter situation. Recently, in Katz v. Van Der Noord, 546 So. 2d 1047, 1049 (Fla.1989), this Court recognized this distinction, and held that when litigation ensues in connection with a validly formed contract, attorney’s fees may be recovered under a prevailing-party provision of the contract even though the contract…1 / 2
-
Morton's OF Chicago, Inc. v. Lira, 48 So. 3d 76 (Fla. 1st DCA 2010)…sable injuries is inconsistent with general law as well as sound public policy. In other areas of the law, appellate courts do not generally provide parties with an opportunity to retry their case upon a failure of proof. See Katz v. Van Der Noord, 546 So. 2d 1047, 1048 (Fla.1989) (“Having failed to introduce competent, substantial evidence in regard to this issue [relating to damages for out-of-pocket expenses], the buyer is not entitled to a second bite at the apple.”) (citations omitted); see also Morgan S…
Previewing 3 of 31 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roundtree v. State, 546 So. 2d 1042 (Fla. 1989)