TERRANCE VIRGIL ISOM, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not abuse its discretion in finding the State's reason for a peremptory challenge to be race-neutral.
During jury selection, the State used a peremptory challenge against a black juror, prompting a defense objection and a Neil inquiry. The prosecutor c…
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PER CURIAM.
Appellant appeals his convictions for improper exhibition of a weapon and trespass of a conveyance. We affirm.
During jury selection, the State exercised a peremptory challenge against a black juror. Defendant objected and asked the court to conduct a Neil * inquiry. The court did so. The prosecutor stated that she challenged the juror because the juror had been the victim of an armed robbery during which his money and jewelry were stolen. The juror also said he did not report the incident to the police — even though he had seen the robber and believed he could have assisted the police in making an identification — because he did not believe he would get his property back. The prosecutor went on to cite the juror’s “evasiveness about what happened when he was a victim and his hesitancy in calling the police even though he said he knew he could identify the person, that’s what made me uncomfortable about something, maybe there was more going on.”
We find that, based on the record below, the trial court did not abuse its discretion in determining that the State’s reason was race-neutral. See Green v. State, 583 So. 2d 647, 652 (Fla.1991), cert. denied, — U.S. -, 112 S.Ct. 1191, 117 L.Ed.2d 432 (1992); Reed v. State, 560 So. 2d 203, 206 (Fla.), cert. denied, — U.S. -, 111 S.Ct. 230, 112 L.Ed.2d 184 (1990); McNair v. State, 579 So. 2d 264, 266 (Fla. 2d DCA 1991); Thomas v. State, 502 So. 2d 994, 996 (Fla. 4th DCA), review denied, 509 So. 2d 1119 (Fla.1987).
Affirmed.
*
State v. Neil, 457 So. 2d 481 (Fla.1984).
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Williams v. State, 619 So. 2d 487 (Fla. 1st DCA 1993)…grounds that the juror has been the victim of robbery or mugging is a race-neutral reason in the trial of an armed robbery case, notwithstanding the prospective juror’s statement of belief that he or she can fairly judge the case. See Isom v. State, 601 So. 2d 299 (Fla. 3d DCA 1992) (trial court did not abuse its discretion in determining that the state’s reason for exercising a peremptory challenge against a prospective black juror was race-neutral where the prosecutor noted that the juror had been a victim…
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Anderson v. State, 750 So. 2d 741 (Fla. 3d DCA 2000)…See Porter v. State, 708 So. 2d 338, 339 (Fla. 3d DCA 1998); Dean v. State, 703 So. 2d 1180, 1182 (Fla. 3d DCA 1997); Barnes v. State, 620 So. 2d 243, 243 (Fla. 3d DCA 1993); Williams v. State, 619 So. 2d 487, 491 (Fla. 1st DCA 1993); Isom v. State, 601 So. 2d 299, 300 (Fla. 3d DCA 1992); Adams v. State, 559 So. 2d 1293, 1296 (Fla. 3d DCA 1990). This would especially be true in this case where the appellant was charged, [*744] ■with among other things, a theft offense. See Porter, 708 So. 2d at 338. After th…
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Symonette v. State, 778 So. 2d 500 (Fla. 3d DCA 2001)…infer that the juror either lacks faith in the criminal justice system or is afraid to get involved with it. Either reason is sufficient to overcome a suggestion of pretext if the trial judge believes them to be genuine. See generally Isom v. State, 601 So. 2d 299 (Fla. 3d DCA 1992). As concerns the only preserved issue in this appeal, defendant argues that the prosecutor’s reason for striking Mr. Blount was pretextual because his excusal of so many African-Americans during the jury selection process establi…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Grover Reed v. State, 560 So. 2d 203 (Fla. 1990)
- Alphonso Green v. State, 583 So. 2d 647 (Fla. 1991)
- Thomas v. State, 502 So. 2d 994 (Fla. 4th DCA 1987)
- McNAIR v. State, 579 So. 2d 264 (Fla. 2d DCA 1991)