TERRANCE AIKENS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
TERRANCE AIKENS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
609 So. 2d 764
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
On direct and circumstantial evidence identifying the defendant as the perpetra tor of the charged offenses, the court properly denied motions for judgment of acquittal and submitted the case to the jury. Yuanis v. State, 347 So. 2d 448 (Fla. 3d DCA 1977).
The reason given by the State in peremptorily challenging a black venireperson— that a close relative had been charged with a similar offense — was sufficiently race neutral to justify removal. Bowden v. State, 588 So. 2d 225 (Fla.1991), cert. denied, — U.S. -, 112 S.Ct. 1596, 118 L.Ed.2d 311 (1992).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 691 So. 2d 1180 (Fla. 3d DCA 1997)…fer a valid race-neutral reason. The state responded with such a reason, specifically, that Ms. Pittman had been previously arrested and that a close relative had also been arrested. Allen v. State, 643 So. 2d 87 (Fla. 3d DCA 1994); Aikens v. State, 609 So. 2d 764 (Fla. 3d DCA 1992); Miller v. State, 605 So. 2d 492 (Fla. 3d DCA 1992); Files v. State, 586 So. 2d 352 (Fla. 1st DCA 1991). Step 2 was also satisfied. The defendant argues that because the court did [*1183] not then articulate specific findings of g…
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Betancourt v. State, 650 So. 2d 1021 (Fla. 3d DCA 1995)…S.Ct. 1191, 117 L.Ed.2d 432 (1992); Turner v. State, 645 So. 2d 444 (Fla.1994) (upholding challenge based on prospec tive juror’s problems with definition of murder, discussions with co-worker about case and status as crime victim); Aikens v. State, 609 So. 2d 764 (Fla. 3d DCA 1992) (upholding state’s peremptory challenge of black venire-person on grounds that a close relative had been charged with a similar offense); Miller v. State, 605 So. 2d 492 (Fla. 3d DCA 1992) (upholding state’s peremptory challenge o…
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Symonette v. State, 778 So. 2d 500 (Fla. 3d DCA 2001)…has had a relative arrested has been repeatedly held to be a valid race-neutral reason for the exercise of a peremptory challenge. See Fotopoulos v. State, 608 So. 2d 784 (Fla.1992); Allen v. State, 643 So. 2d 87 (Fla. 3d DCA 1994); Aikens v. State, 609 So. 2d 764 (Fla. 3d DCA 1992); Miller v. State, 605 So. 2d 492 (Fla. 3d DCA 1992); Knight v. State, 559 So. 2d 327 (Fla. 1st DCA 1990). The fact that such a juror asserts that he or she can, nevertheless, be fair and impartial, does not mean that the state mus…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bowden v. State, 588 So. 2d 225 (Fla. 1991)
- Yuanis v. State, 347 So. 2d 448 (Fla. 3d DCA 1977)