JAMES CURE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1990-08-08
No. 89-2544
DOWNEY and GUNTHER, JJ., concur.
564 So. 2d 1251 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 12 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The court reversed a cocaine and drug paraphernalia conviction because the trial court improperly refused to allow the defendant to exercise a peremptory challenge against a juror. The court held that the defendant's race-neutral reasons for striking the juror (former police investigator with drug case expertise who knew a detective witness) were legitimate and directly related to the case facts.


Holding

The trial court erred in denying the peremptory challenge. The defendant's reasons for striking juror Johnson were racially neutral, directly related to the facts and type of case charged, and reasonably specific. The trial court abused its discretion in finding that defendant had not met his burden of showing legitimate reasons for the strike, and this error violated the defendant's constitutional right to an impartial jury and fair trial.


Headnotes

[1] A trial court errs by refusing to allow a defendant to exercise a peremptory challenge when the reasons for the challenge are racially neutral and reasonably specific.

[2] A defendant's right to exercise peremptory challenges is essential to effectuating the constitutional guarantee of a trial by an impartial jury.

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Key Quotes

“The trial court refused to strike the juror and thus erred.”

The court's initial conclusion that the trial court committed error in denying the peremptory challenge.

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Facts & Procedural History

Appellant, a black defendant, was tried for possession of cocaine and drug paraphernalia. During jury selection, appellant made a for-cause challenge …

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Opinion of the Court
WARNER, Judge.

WARNER, Judge.

We reverse the conviction and sentence of appellant and remand for a new trial because the trial court erred in refusing to allow appellant to exercise a peremptory challenge.

The appellant was being tried for possession of cocaine and drug paraphernalia. The appellant, who is black, made a challenge for cause to black juror Johnson on the grounds that the juror had formerly been an investigator with the Broward sheriffs office, the law enforcement unit involved in appellant’s case. While serving as an investigator, the challenged juror had worked in many units including the drug unit and had been an expert witness in cases involving organized crime and drug trafficking. He also was acquainted with one of the detectives involved in appellant’s arrest. He was currently working for the school board investigating crimes on school campuses. The court denied the challenge. The defense then exercised a peremptory challenge directed at juror Johnson. The following colloquy took place:

THE COURT: Challenge for cause denied. MR. WEISSMAN: That sounds familiar. MS. CUDDIHY: Strike him. THE COURT: Are you wanting a hearing? MR. WEISSMAN: Yes. THE COURT: State your reasons. MS. CUDDIHY: On Mr. Johnson? THE COURT: Uh-huh. MS. CUDDIHY: That he is an ex-member of the police department that we’re dealing with, that he knows Frank Bai-lante, and that he has been an expert witness in drug cases. MR. WEISSMAN: He stated that he only knew the officer in passing, he didn’t say that he had any previous position as far as the case, and he was asked several times by both myself and Ms. Cuddihy and he thought he could be fair in this case, he stated he didn’t have any reasons. THE COURT: I will not allow a peremptory. For the record, he’s a black male. MS. CUDDIHY: Judge, I must have missed something, but I moved for cause. MR. WEISSMAN: I asked for a hearing. THE COURT: It goes both ways. MS. CUDDIHY: Oh okay, fine. THE COURT: So, he’s on the panel. MS. CUDDIHY: So — as to peremptory. THE COURT: It’s denied. What can be gleaned from this is that the state was challenging the defendant’s use of a peremptory challenge based on State v. Neil, 457 So. 2d 481 (Fla.1984).

While the court did not indicate that she found that the state had made a prima facie showing of a strong likelihood that juror Johnson was being challenged because of his race, see State v. Neil, she nevertheless required the defense attorney to state the reasons to justify the peremptory challenge. The defense attorney again related the same grounds upon which she challenged juror Johnson for cause.

The trial court refused to strike the juror and thus erred.

Even assuming that the state had made the prima facie showing required by Neil, which we are unable to discern from the record, we have no hesitation in finding that the trial court abused its discretion in finding that defendant had not met his burden of showing racially neutral and reasonably specific legitimate reasons for denying to strike juror Johnson from the jury. State v. Slappy, 522 So. 2d 18 (Fla.1988). We can hardly think of more racially neutral reasons for striking the challenged juror than those presented in this case. It strikes us as eminently reasonable that a defendant being tried for drug offenses would not want an ex-sheriff’s investigator who was involved in drug investigations and was acquainted with a detective witness in defendant’s case on his jury. While we do not need to address all the criteria for evaluating the reasonableness of the reasons given as set forth in State v. Slap-py at 22, we do note that the defendant’s reasons for challenging the juror are directly related to the facts and type of case with which defendant is charged.

Furthermore, there is no showing that defense counsel used reasons equally applicable to other unchallenged jurors.

The defendant has a right to exercise peremptory challenges. The use of such challenges is to effectuate the constitutional guarantee of a trial by an impartial jury. See Meade v. State, 85 So. 2d 613 (Fla.1956). So long as those challenges are not exercised in a racially improper manner, it is error to deny their use to defendant, as it impairs his constitutional right to a fair trial. Thus, the trial court’s error compels us to reverse and remand for a new trial.

DOWNEY and GUNTHER, JJ., concur.


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Citator

Cited By

  • Michelin N. Am., Inc. v. Lovett, 731 So. 2d 736 (Fla. 4th DCA 1999)
    …on appeal unless clearly erroneous. Id. at 764-65 (footnotes omitted). The denial of a party’s right to exercise peremptory challenges, so long as those challenges are not exercised in a racially improper manner, constitutes error. Cure v. State, 564 So. 2d 1251, 1253 (Fla. 4th DCA 1990). ALLEGED ERROR IN THE CONDUCT OF THE NEIL INQUIRY Michelin first argues the trial court erred, as a matter of law, in the conduct of its Neil inquiry by failing to' reach the issue of the genuineness of its race-neutral r…
  • Green v. State, 572 So. 2d 543 (Fla. 2d DCA 1990)
    …te. See Kibler, 546 So. 2d at 714 (Ehrlich, C.J., dissenting) (“[Djespite its inherently discriminatory nature, the peremptory challenge is an essential tool in the trial lawyer’s quest to obtain a fair and impartial jury.”). See also Cure v. State, 564 So. 2d 1251 (Fla. 4th DCA 1990) (a peremptory challenge by a black defendant of a black prospective juror which is not exercised in a racially improper manner “is to effectuate the constitutional guarantee of a trial by an impartial jury”). At the same time, th…
  • Tony deAndre Smith v. State, 662 So. 2d 1336 (Fla. 2d DCA 1995)
    …. 2d 1098 (Fla.1987); Mack v. State, 620 So. 2d 804 (Fla. 5th DCA 1993); Williams v. State, 619 So. 2d 487 (Fla. 1st DCA 1993); Morgan v. State, 603 So. 2d 142 (Fla. 2d DCA 1992); Telemaque v. State, 591 So. 2d 675 (Fla. 3d DCA 1991); Cure v. State, 564 So. 2d 1251 (Fla. 4th DCA 1990). . State v. Neil, 457 So. 2d 481 (Fla.1984) (establishing test for determining whether a party is exercising a peremptory challenge in a racially discriminatory manner and prohibiting such a race-based challenge). .In view of o…

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