MICHAEL TELEMAQUE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Per Se Reversible Error cases and more on FLexlaw
PER CURIAM.
Defendant appeals his convictions and sentences for battery on a law enforcement officer, battery, and resisting arrest without violence. During voir dire the state asserted that defendant was not exercising his peremptory challenges in a race-neutral manner and moved to strike the panel. The trial judge denied the motion, but stated that he would not permit defendant’s next .peremptory challenge. When defendant attempted to exercise another peremptory challenge, the court rejected the challenge. Defendant asserts the court committed reversible error. We agree. The trial court’s denial of defendant’s peremptory challenge infringed on his “right to challenge any juror, either peremptorily or for cause, prior to the time the jury is sworn.” Gilliam, v. State, 514 So. 2d 1098, 1099 (Fla.1987), citing Jackson v. State, 464 So. 2d 1181, 1183 (Fla.1985). The trial court’s denial constitutes per se reversible error. Gilliam, 514 So. 2d at 1099. We therefore reverse defendant’s convictions and remand for a new trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dante v. State, 903 So. 2d 293 (Fla. 3d DCA 2005)…uest for a peremptory challenge and the issue is properly preserved for appellate review, reversal is therefore required. See Green v. State, 673 So. 2d 937 (Fla. 1st DCA 1996); Smith v. State, 662 So. 2d 1336 (Fla. 2d DCA 1995); Telemaque v. State, 591 So. 2d 675 (Fla. 3d DCA 1991). This court has long held that a timely objection is required to preserve the issue for appeal, as it affords the trial judge with the opportunity to immediately correct the error. We affirmed the defendant’s conviction for armed…
-
Tony deAndre Smith v. State, 662 So. 2d 1336 (Fla. 2d DCA 1995)…LTENBERND, J., concur. . Gilliam v. State, 514 So. 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 prohi…
-
Smith v. Astrid DePARRY ad Litem for Scott P. Smith, III, 86 So. 3d 1228 (Fla. 2d DCA 2012)…fficient to prove the content of the lost will or codicil if the proponent can produce a “correct copy” of the instrument. Douglass v. Frazier (In re Estate of Musil), 965 So. 2d 1157, 1159 (Fla. 2d DCA 2007); Bury v. DiLegge (In re Estate of Kero), 591 So. 2d 675, 676-77 (Fla. 4th DCA 1992). In the absence of a correct copy, the testimony of two disinterested witnesses is required to prove the content of the lost will or codicil. Tartaglia v. Hatten (In re Estate of Hatten), 880 So. 2d 1271, 1275 (Fla. 3d DC…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burley Gilliam, Jr. v. State, 514 So. 2d 1098 (Fla. 1987)
- Jackson v. State, 464 So. 2d 1181 (Fla. 1985)