BRADLEY A. BERKEBILE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant's conviction for burglary, robbery, and kidnapping is reversed because the trial court failed to conduct a Neil inquiry after the state used peremptory challenges to remove all black potential jurors from the venire.
A trial court commits reversible error by failing to conduct a Neil inquiry when a defendant establishes that peremptory challenges have excluded all members of a racial group from the jury.
[1] When peremptory challenges by the prosecution result in the exclusion of all members of a racial group from the jury venire, the defendant satisfies the initial burden under State v. …
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“defendant upon objection carried its initial burden under State v. Neil, 457 So. 2d 481 (Fla.1984) to show a likelihood that the challenges had a racial motive, since the effect of the state's action was to exclude all blacks from the jury”
Court explaining that defendant satisfied the initial burden for a Neil inquiry by demonstrating exclusion of all black potential jurors
Defendant was convicted of unarmed burglary of a dwelling, robbery without a firearm, and two counts of kidnapping without a firearm. The venire inclu…
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LEHAN, Judge.
Defendant was convicted after a jury trial of unarmed burglary of a dwelling, robbery without a firearm, and two counts of kidnapping without a firearm. We reverse for a new trial because we agree with his argument that the trial court committed reversible error by failing to conduct a Neil inquiry during voir dire.
The venire in this case included two potential black jurors. After the state exercised peremptory challenges to remove those two potential jurors, defendant upon objection carried its initial burden under State v. Neil, 457 So. 2d 481 (Fla.1984) to show a likelihood that the challenges had a racial motive, since the effect of the state’s action was to exclude all blacks from the jury. Reynolds v. State, 576 So. 2d 1300 (Fla.1991) (defendant’s initial burden satisfied when sole potential black juror excluded by state’s peremptory challenge). See also Green v. State, 572 So. 2d 543, 544-45 (Fla. 2d DCA 1990), review denied, 581 So. 2d 164 (Fla.1991). The court erred in ruling that defendant had not carried his initial burden to justify a Neil inquiry.
In light of our disposition of this case, we do not address defendant’s remaining points on appeal.
Reversed and remanded for a new trial.
SCHOONOVER, C.J., and DANAHY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Reynolds v. State, 576 So. 2d 1300 (Fla. 1991)
- Green v. State, 572 So. 2d 543 (Fla. 2d DCA 1990)