ANGEL LUIS MARTINEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a conviction for attempted first-degree murder because the trial court erred in failing to conduct a Batson/Neil inquiry when the state peremptorily challenged the only black venire member without justification.
When a defendant timely objects to a peremptory challenge that eliminates the only minority venire member, the trial court must conduct a Neil inquiry and require the state to provide neutral, nonpretextual reasons for the strike.
[1] Elimination of the sole minority venire member through peremptory challenge triggers burden-shifting requirement for state to provide race-neutral justification upon time…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The act of eliminating all minority venire members, even if their number totals only one, shifts the burden to the state to justify the excusal upon a proper defense motion.”
Court explaining the legal standard for peremptory challenges affecting minority venire members.
Angel Martinez was convicted of attempted first-degree murder. During jury selection, the state exercised a peremptory challenge to strike the only bl…
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BASKIN, Judge.
Angel Martinez appeals a judgment of conviction for attempted first degree murder. We reverse.
Defense counsel objected to the state’s exercise of a peremptory challenge to strike the only black venire member. The trial court overruled the objection, found no prima facie showing of discrimination, and ruled that the state need not provide a reason for the strike. That ruling was error. “The act of eliminating all minority venire members, even if their number totals only one, shifts the burden to the state to justify the excusal upon a proper defense motion.” Reynolds v. State, 576 So. 2d 1300, 1302 (Fla.1991); Blackshear v. State, 521 So. 2d 1083 (Fla.1988); Johans v. State, 587 So. 2d 1363 (Fla. 5th DCA 1991); Woods v. State, 556 So. 2d 752 (Fla. 3d DCA 1989); Parrish v. State, 540 So. 2d 870 (Fla. 3d DCA), review denied, 549 So. 2d 1014 (Fla.1989); see State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988). In this case, defense counsel’s timely objection to the state’s peremptory challenge of the only black venire member satisfied the burden of demonstrating a substantial likelihood that the challenge was exercised on a racially discriminatory basis. At that point, the trial court should have conducted a Neil inquiry and required the state to provide neutral, reasonable and nonpretex-tual reasons for its challenge. State v. Neil, 457 So. 2d 481 (Fla.1984), clarified, State v. Castillo, 486 So. 2d 565 (Fla.1986). Accordingly, we reverse and remand for a new trial.
Reversed and remanded.
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)
- Reynolds v. State, 576 So. 2d 1300 (Fla. 1991)
- Blackshear v. State, 521 So. 2d 1083 (Fla. 1988)
- Parrish v. State, 540 So. 2d 870 (Fla. 3d DCA 1989)
- Johans v. State, 587 So. 2d 1363 (Fla. 5th DCA 1991)
- Woods v. State, 556 So. 2d 752 (Fla. 3d DCA 1989)