CHARLES H. MONTGOMERY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court failed to conduct an adequate Neil inquiry, requiring reversal of the convictions.
The defendant challenged his convictions, arguing the trial court improperly handled peremptory challenges used to exclude black jurors.…
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PER CURIAM.
Montgomery challenges his convictions for burglary, sexual battery, kidnapping and aggravated assault because the trial court failed to conduct a Neil inquiry1 after the state exercised peremptory challenges to exclude prospective black jurors. We reverse.
The trial court did not conduct an adequate Neil hearing and did not have the benefit of Kibler v. State, 546 So. 2d 710 (Fla.1989), and Torres v. State, 548 So. 2d 660 (Fla.1989), where the supreme court overturned decisions denying white defendants standing to challenge the exclusion of black jurors. Since Montgomery possessed standing to request a Neil hearing, we reverse and remand for a new trial. See Eichelberger v. State, 562 So. 2d 853 (Fla. 2d DCA 1990).
REVERSED and REMANDED.
WENTWORTH, MINER and WOLF, JJ., concur. . State v. Neil, 457 So. 2d 481 (Fla.1984), clarified, State v. Castillo, 486 So. 2d 565 (Fla.1986), and clarified, State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- State v. Slappy, 522 So. 2d 18 (Fla. 1988)
- 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. Castillo, 486 So. 2d 565 (Fla. 1986)
- Kibler v. State, 546 So. 2d 710 (Fla. 1989)
- Torres v. State, 548 So. 2d 660 (Fla. 1989)
- Eichelberger v. State, 562 So. 2d 853 (Fla. 2d DCA 1990)