EDDIE GEORGE WOODS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed burglary and theft conviction because trial court erred in denying defendant's motion to require race-neutral explanations for peremptory challenges used to remove the only two black jurors, and also erred in admitting hearsay statements from a nontestifying codefendant.
Trial court reversibly erred by denying defendant's motion requiring race-neutral explanations for peremptory challenges that removed the only two black venirepersons and by admitting hearsay statements from a nontestifying codefendant.
[1] When a defendant makes a prima facie showing of likelihood of discrimination in the use of peremptory challenges to remove jurors of a particular race, the trial court mu…
[2] Evidence provided by a nontestifying witness which implicates the defendant constitutes hearsay and is not admissible as substantive evidence at trial.
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Join FLexlaw to unlock all legal intelligenceEddie Woods was convicted of burglary of a structure, grand theft second-degree, and possession of cocaine. The State used peremptory challenges to re…
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PER CURIAM.
Eddie Woods was convicted of burglary of a structure, grand theft second-degree, and possession of cocaine.
As a first point on appeal, Woods claims that the trial court committed reversible error in denying his motion to require that the State give reasonably specific race-neutral explanations for its use of peremptory challenges to remove the only two black venirepersons. We agree and reverse on the authority of State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988), State v. Neil, 457 So. 2d 481 (Fla.1984), and Floyd v. State, 511 So. 2d 762 (Fla. 3d DCA 1987), rev. denied, 545 So. 2d 1369 (Fla.1989). The appellant made a pri-ma facie showing in the trial court of a “likelihood” that discrimination existed. An obligation was thus imposed upon the State to rebut the inference.
Since this case must be retried, we will also briefly address the claim that the trial court erred in admitting the statements of a nontestifying codefendant to implicate Woods, and by allowing a State witness to vouch for the credibility of that nontestifying codefendant. It is settled law that evidence provided by a nontestify-ing witness which implicates the defendant is hearsay, not admissible at trial as substantive evidence. Postell v. State, 398 So. 2d 851 (Fla. 3d DCA), rev. denied, 411 So. 2d 384 (Fla.1981).
Reversed and remanded for a new trial.
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Martinez v. State, 592 So. 2d 688 (Fla. 3d DCA 1991)…the burden to the state to justify the excusal upon a proper defense motion.” Reynolds v. State, 576 So. 2d 1300, 1302 (Fla.1991); Blackshear v. State, 521 So. 2d 1083 (Fla.1988); Johans v. State, 587 So. 2d 1363 (Fla. 5th DCA 1991); Woods v. State, 556 So. 2d 752 (Fla. 3d DCA 1989); Parrish v. State, 540 So. 2d 870 (Fla. 3d DCA), review denied, 549 So. 2d 1014 (Fla.1989); see State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988). In this case, defense coun…
Authorities Cited
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- State v. Slappy, 522 So. 2d 18 (Fla. 1988)
- Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981)
- Men's Int'l Prof'l Tennis Council v. Volvo N. Am. Corp., 487 U.S. 1219 (U.S. 1988)
- Waste Mgmt. of Wis., Inc. v. Wis. Dep't of Natural Res., 487 U.S. 1219 (U.S. 1988)
- State v. Perez, 511 So. 2d 762 (Fla. 3d DCA 1987)
- Alphonso Floyd v. State, 511 So. 2d 762 (Fla. 3d DCA 1987)