PAUL DUNCAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PAUL DUNCAN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
588 So. 2d 50
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The defendant appeals his conviction for aggravated assault with a motor vehicle on the ground his challenges for cause should have been granted to exclude two jurors who admitted that they were biased in favor of the credibility of police officers. Having exhausted two peremptory challenges on the two jurors in question, the defendant asked for, but was denied, two additional peremptory challenges.
Based on the State’s confession of error, and the sound authority of Mann v. State, 571 So. 2d 551 (Fla. 3d DCA 1990), Jefferson v. State, 489 So. 2d 211, rev. denied, 494 So. 2d 1153 (Fla.1987) and Smith v. State, 516 So. 2d 43 (Fla. 3d DCA 1987), the defendant’s conviction is reversed and the cause is remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Polite v. State, 754 So. 2d 859 (Fla. 3d DCA 2000)…ic to and give benefit of doubt to woman); Coney v. State, 643 So. 2d 654 (Fla. 3d DCA 1994) (error not to excuse juror who demonstrated that she had a preconceived belief that a victim in particular case would only tell the truth); Duncan v. State, 588 So. 2d 50 (Fla. 3d DCA 1991) (state properly confessed error where two jurors admitted their bias in favor of the credibility of police officers); Mann v. State, 571 So. 2d 551 (Fla. 3d DCA 1990) (state properly confessed error where trial court failed to exc…
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Smith v. State, 699 So. 2d 629 (Fla. 1997)…ed credence to a law enforcement officer’s testimony simply because of his official status, Chavez, the relevant inquiry is whether the juror ultimately will consider the evidence presented and render an unbiased decision. Lusk; cf. Duncan v. State, 588 So. 2d 50 (Fla. 3d DCA 1991) (in light of State’s confession of error, finding error in failure to grant- challenges for cause as to jurors who admitted bias in favor of credibility of police officers). Based upon our review of the voir dire record concernin…
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Rhoan Clayton v. State, 616 So. 2d 615 (Fla. 4th DCA 1993)…juror. The juror in question expressed a steadfast and clear bias in favor of the credibility of police officers. The failure to excuse such a juror for cause is manifest error. See Mann v. State, 571 So. 2d 551 (Fla. 3d DCA 1990); Duncan v. State, 588 So. 2d 50 (Fla. 3d DCA 1991). . No reasonable view of the facts found by the trial judge in this case supports a conclusion that the officer did possess the requisite reasonably founded suspicion necessary to justify a stop. See § 901.151, Fla.Stat. (1991);…
Authorities Cited
- Jefferson v. State, 489 So. 2d 211 (Fla. 3d DCA 1986)
- Smith v. State, 516 So. 2d 43 (Fla. 3d DCA 1987)
- Lahav Flooring & Fixtures, Inc. v. Flecher, 571 So. 2d 551 (Fla. 3d DCA 1990)