ANTONIO TORRES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A white defendant has standing to challenge the state's systematic exclusion of black prospective jurors, even when represented by a black attorney.
The Second District Court of Appeal certified a question regarding a white defendant's standing to challenge the exclusion of black jurors by perempto…
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PER CURIAM.
Pursuant to article V, section 3(b)(4), of the Florida Constitution, we accepted review of Torres v. State, 541 So. 2d 1224 (Fla. 2d DCA 1989), wherein the district court certified the following question as being of great public importance.
DOES A WHITE DEFENDANT BEING REPRESENTED BY A BLACK ATTORNEY HAVE STANDING TO CHALLENGE THE STATE’S EXCLUSION OF BLACK JURORS BY USE OF PEREMPTORY CHALLENGES IN LIGHT OF BATSON V. KENTUCKY, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) and STATE V. NEIL, 457 So. 2d 481 (Fla.1984)?
541 So. 2d at 1226.
In Kibler v. State, 546 So. 2d 710 (Fla.1989), we held that a white defendant has standing to challenge the state’s systematic exclusion of black prospective jurors. Thus, we answer the certified question in the affirmative, quash the decision of the district court, and remand for further proceedings consistent with this opinion.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
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Eichelberger v. State, 562 So. 2d 853 (Fla. 2d DCA 1990)…ber venire.2 The trial court did not conduct a Neil hearing, because Mr. Eichelberger is white and the trial occurred prior to the decisions in Kibler v. State, 546 So. 2d 710 (Fla.1989), rev’g 501 So. 2d 76 (Fla. 5th DCA 1987), and Torres v. State, 548 So. 2d 660 (Fla.1989), quashing 541 So. 2d 1224 (Fla. 2d DCA 1989). In Kibler and Torres, the supreme court overturned decisions denying white defendants standing to raise the exclusion of black jurors. Thus, Mr. Eichelberger had standing to request a Neil hea…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986)
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Kibler v. State, 546 So. 2d 710 (Fla. 1989)
- State v. Dirk Deon Smith, 541 So. 2d 1224 (Fla. 3d DCA 1989)