MASOUD MAZAHERITEHRANI, APPELLANT,
v.
DORIS ELIZABETH BROOKS, AS MOTHER, NATURAL GUARDIAN AND NEXT FRIEND OF SHARHONDA T. MOORE, A MINOR CHILD, AND DORIS ELIZABETH BROOKS, INDIVIDUALLY, APPELLEE

Fla. 4th DCA | 1990-12-28
No. 89-2470
HERSEY, C.J., DELL and GUNTHER, JJ., concur.
573 So. 2d 925 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

During the course of jury selection appellant sought to exercise peremptory challenges to exclude three black jurors. Finding that the attempted excusáis were racially motivated, the trial court disallowed the challenges. We reverse. The proper remedy under State v. Neil, 457 So. 2d 481 (Fla.1984), was to dismiss the jury pool and “start voir dire over with a new pool.” Id. at 487. See also Carter v. State, 550 So. 2d 1130 (Fla.3d DCA), rev. denied, 553 So. 2d 1164 (1989).

REVERSED AND REMANDED.

HERSEY, C.J., DELL and GUNTHER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Lozano v. State, 584 So. 2d 19 (Fla. 3d DCA 1991)
    …erred in seating the challenged juror, rather than dismissing the jury pool and beginning voir dire again with a new venire, as required by the present state of the law of Florida. State v. Neil, 457 So. 2d 481 (Fla.1984); Mazaheritehrani v. Brooks, 573 So. 2d 925 (Fla. 4th DCA 1990); Carter v. State, 550 So. 2d 1130 (Fla. 3d DCA), rev. denied, 553 So. 2d 1164 (Fla.1989). . We note, however, that the State opened the door to the otherwise excludable evidence when, in its rebuttal, the State twice asserted th…
  • Wright v. State, 592 So. 2d 1123 (Fla. 3d DCA 1991)
    …(Fla. 3d DCA) (trial court, bound by Neil, could not cure a discriminatory challenge by seating a stricken juror), review denied, 553 So. 2d 1164 (Fla.1989). See also Jefferson v. State, 584 So. 2d 123 (Fla. 4th DCA 1991); Mazaheritehrani v. Brooks, 573 So. 2d 925 (Fla. 4th DCA 1990), review granted, 582 So. 2d 622 (Fla.1991). Accordingly, the trial court’s action in the instant case necessitates reversal. Our supreme court in Neil did not mention the alternative remedy of seating improperly stricken jurors.…
  • Aldret v. State, 592 So. 2d 264 (Fla. 1st DCA 1991)
    …. However, this court and the trial courts are bound by the clear language of Neil, absent directions otherwise from the Florida [*268] supreme court.” 550 So. 2d at 1131. The Fourth District reached the same conclusion in Mazaheritehrani v. Brooks, 573 So. 2d 925 (Fla. 4th DCA 1990), a civil case, but held in Palmer v. State, 572 So. 2d 1012 (Fla. 4th DCA 1991) that the defendant had waived the right to complain on appeal, where the court determined the State had improperly used peremptory challenges, offere…

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