STATE OF FLORIDA, PETITIONER,
v.
CHRISTINE HOLLY BARNES, RESPONDENT
STATE OF FLORIDA, PETITIONER,
CHRISTINE HOLLY BARNES, RESPONDENT
602 So. 2d 532
Florida Supreme Court (1992)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
In Barnes v. State, 592 So. 2d 1127, 1128 (Fla.3d DCA 1992), the district court certified the following question as being of great public importance:
Where the trial court finds that a peremptory challenge is based upon racial bias, is the sole remedy to dismiss the jury pool and start voir dire over with a new jury pool, or may the trial court exercise its discretion to deny the peremptory challenge if it cures the discriminatory taint; for example, must the jury panel be stricken if the discriminatory challenge has been made outside its presence?
We addressed this question recently in Jefferson v. State, 595 So. 2d 38 (Fla.1992), and Brooks v. Mazaheritehrani, 595 So. 2d 37 (Fla.1992). Therefore, we quash Barnes and remand for reconsideration in light of Jefferson and Brooks.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barnes v. State, 620 So. 2d 243 (Fla. 3d DCA 1993)…PER CURIAM. This case is before us on remand from the Supreme Court of Florida for further consideration, State v. Barnes, 602 So. 2d 532 (Fla.1992), which quashed this court’s opinion in Barnes v. State, 592 So. 2d 1127 (Fla. 3d DCA 1992). The defense attempted to use two of its peremptory challenges to strike jurors Lawman and Weber. The State requested that the defense demonstrat…
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Rodriguez v. State, 696 So. 2d 533 (Fla. 3d DCA 1997)…ich was properly admitted as an excited utterance, see § 90.803(2), Fla. Stat. (1995); Romero v. State, 670 So. 2d 129 (Fla. 3d DCA 1996), was sufficient to support the conviction. Everhart v. State, 592 So. 2d 352 (Fla. 3d DCA 1992), review denied, 602 So. 2d 532 (Fla.1992), is not controlling because the sole evidence relied upon there was apparently “pure” hearsay as defined by section 90.801(1), Florida Statutes (1995). See Anderson v. State, 655 So. 2d 1118, 1120 (Fla.1995) (“we decline to enunciáte a bl…
Authorities Cited
- Jefferson v. State, 595 So. 2d 38 (Fla. 1992)
- Ivory Sheffield v. State, 595 So. 2d 37 (Fla. 1992)
- Brooks v. Masoud Mazaheritehrani, 595 So. 2d 37 (Fla. 1992)
- Barnes v. State, 592 So. 2d 1127 (Fla. 3d DCA 1992)