MARTIN GIBSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gibson challenges his conviction for armed robbery based on the trial court's acceptance of the state's peremptory strike of a juror. The Fourth District Court of Appeal reversed, holding that the state's racially neutral explanation for striking the juror lacked adequate support in the record because the juror was not questioned about the alleged bias.
The state's proffered reason, while racially neutral on its face, lacked adequate support in the record because the juror was not examined about the alleged bias or his individual views. Under Batson challenge standards established in State v. Slappy, a court must ensure that reasons offered for peremptory strikes find support in the record and are not pretexts for racial motivation.
[1] A party seeking to exercise a peremptory challenge against a potential juror, after the trial court finds a substantial likelihood that the challenge is racially motivate…
[2] A racially neutral reason for a peremptory challenge must be specific and find support in the record, and cannot be merely a pretext for racial motivation.
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Join FLexlaw to unlock all legal intelligence“The court must ensure that the reason offered finds support in the record and is not merely a pretext for racial motivations.”
Establishes the core standard for evaluating peremptory challenges—facially neutral reasons must be actually supported in the trial record.
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Join FLexlaw to unlock all legal intelligenceGibson and two co-defendants were tried for two counts of armed robbery. During jury selection, the state peremptorily struck panel member Gatlin, who…
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PER CURIAM.
Gibson and two co-defendants were on trial for two counts of strong armed robbery. During jury selection, the state peremptorily struck panel member Gatlin. The trial court found a substantial likelihood that the challenge was racially motivated. This placed the burden on the state to show that the challenge was not based on race. State v. Neil, 457 So. 2d 481 (Fla.1984). During voir dire it became apparent that Gatlin, like the victims in this case, was a fruit picker. The state offered as its reason for the challenge that the juror, as a black fruit picker, might feel animosity toward the victims, who were Haitian fruit pickers, because the two groups competed with each other in the job market. The trial court accepted the reasons as being racially neutral and allowed the challenge.
While we agree that the reason itself was reasonably specific and racially neutral, i.e. economic animosity between two groups of grove workers, the inquiry does not end there. The court must ensure that the reason offered finds support in the record and is not merely a pretext for racial motivations. State v. Slappy, 522 So. 2d 18 (Fla.1988), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988). In Slappy the court listed five factors that, when present, tend to show a pretext or a lack of support in the record for a challenge. Two of these factors are present in this case: “(1) alleged group bias not shown to be shared by the juror in question, (2) failure to examine the juror or perfunctory examination * * 522 So. 2d at 22.
In Slappy, the Supreme Court concluded that the proffered reasons for challenge, that two black jurors were teachers and thus political liberals, were mere pretexts. While the court agreed that political liberalism is racially neutral, it found “the utter failure to question two of the challenged jurors on the grounds alleged for bias * * * renders the state’s explanation immediately suspect.” 522 So. 2d at 23. Similarly the court found the excusal of another black juror on the grounds of ill health to lack support in the record, saying that a “single question posed to the juror could have established the existence or nonexistence of illness.” 522 So. 2d at 23 n. 3.
Slappy has consistently been applied to invalidate challenges where the excused juror was not questioned about the alleged bias or undesirable trait.. See, e.g., Williams v. State, 574 So. 2d 136 (Fla.1991); Hicks v. State, 591 So. 2d 662 (Fla. 4th DCA 1991); St. Louis v. State, 584 So. 2d 180 (Fla. 4th DCA 1991); Gadson v. State, 561 So. 2d 1316 (Fla. 4th DCA 1990); Hill v. State, 547 So. 2d 175 (Fla. 4th DCA 1989).
The rejected juror here was simply not questioned in any way about the alleged general animosity or about his own individual views or feelings on the subject.1 The questions asked of him dealt only with general background information. Thus the record in this case simply does not support the proffered reasons as required by Slap-py.
We therefore reverse and remand for a new trial.3
REVERSED.
WARNER and FARMER, JJ., concur. DIMITROULEAS, WILLIAM P., Associate Judge, concurring specially with opinion.
. Indeed, the prosecutor candidly admitted as much when he said: "And while we don’t know whether this particular juror or potential juror would be predisposed of that, that is the state’s reason: because we are concerned that he might show some bias or prejudice on the part of that prospective juror with reference to the victims in this particular case.” [e.s.] R. 197-98.
. Although the requirements of specific questioning and clear support from the record appear to be at odds with the traditional purpose and functioning of peremptory challenges, see generally Hill v. State, 547 So. 2d 175, 177 (Fla. 4th DCA 1989) (Hersey, C.J., dissenting) and Edmonson v. Leesville Concrete Co., Inc., — U.S. —, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991). (O’Connor, J., dissenting), the authorities clearly require such a showing.
.Because of our disposition on the jury selection issue, we do not address appellant’s other points on appeal.
DIMITROULEAS, WILLIAM P., Associate Judge,
concurring specially.
In State v. Slappy, 522 So. 2d 18 (Fla.1988), the Supreme Court listed five factors that tend to show when a pretextual challenge has occurred. One of those factors is the failure of a party to examine the juror. When that occurs, it should be incumbent upon the objecting party to make the trial court aware of that failure to question the juror, then the trial court could consider whether that failure to question is a clear indication of the challenge not being made on a non-racial ground, or the trial court, in its discretion could allow further inquiry of the juror. The failure of a party to object specifically to the lack of questioning of a juror should waive the Neil objection to that peremptory chal lenge. See, e.g., Floyd v. State, 569 So. 2d 1225 (Fla.1990), cert. denied, — U.S. —, 111 S.Ct. 2912, 115 L.Ed.2d 1075 (1991), and State v. Fox, 587 So. 2d 464 (Fla.1991). (Where the lack of a specific objection waived a proffered reason not being in the record). However, defense counsel did specifically point out to the trial judge that the prosecutor had not asked Mr. Gatlin any questions about economic animosity. The unfortunate response was:
Prosecutor: ... I don’t have to inquiry (sic) if its not the challenge for cause. I mean I don’t need to get into it.
The Court: All right.
Prosecutor: The law doesn’t require it.
The law does require it; therefore, I concur in the reversal.
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Reeves v. State, 632 So. 2d 702 (Fla. 1st DCA 1994)…of emotionally handicapped students to explore his perception of her liberality); House v. State, 614 So. 2d 647 (Fla. 2d DCA 1993) (prosecutor failed to question mental health field worker to elicit her political or social biases); Gibson v. State, 603 So. 2d 711 (Fla. 4th DCA 1992) (prosecutor failed to question black fruit picker to elicit economic animosity toward Haitian fruit pickers); Hicks v. State, [*704] 591 So. 2d 662 (Fla. 4th DCA 1991) (prosecutor failed to question music teacher to explore his p…
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Landis v. State, 143 So. 3d 974 (Fla. 4th DCA 2014)…otionally handicapped students to explore his perception of her liberality); House v. State, 614 So. 2d 647, 648 (Fla. 2d DCA 1993) (prosecutor failed to question mental health field worker to elicit her political or social biases); Gibson v. State, 603 So. 2d 711, 712 (Fla. 4th DCA 1992) (prosecutor failed to question black fruit picker to elicit economic animosity toward Haitian fruit pickers); Hicks v. State, 591 So. 2d 662, 663 (Fla. 4th DCA 1991) (prosecutor failed to question music teacher to explore hi…
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Haile v. State, 672 So. 2d 555 (Fla. 2d DCA 1996)…of elementary school teacher of emotionally disturbed students, on the ground that such groups are in a “helping” rather than a punishing mode, was pretextual in absence of any questioning of prospective juror about alleged trait); Gibson v. State, 603 So. 2d 711 (Fla. 4th DCA 1992) (challenge on ground that African American fruit picker would feel animosity toward the victims, Haitian fruit pickers, was held pretextual where no questions were posed of prospective juror on that subject). The state has urged…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- State v. Slappy, 522 So. 2d 18 (Fla. 1988)
- Edmonson v. Leesville Concrete Co., Inc., 500 U.S. 614 (U.S. 1991)
- Floyd v. State, 569 So. 2d 1225 (Fla. 1990)
- 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)
- Williams v. State, 574 So. 2d 136 (Fla. 1991)
- Hill v. State, 547 So. 2d 175 (Fla. 4th DCA 1989)
- Bryant Hicks v. State, 591 So. 2d 662 (Fla. 4th DCA 1991)
- Gadson v. State, 561 So. 2d 1316 (Fla. 4th DCA 1990)