ALEX ZIPPO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Juror Impartiality cases and more on FLexlaw
PER CURIAM.
Appellant was charged with first-degree murder, tried by jury and convicted of the lesser included offense of second-degree murder. Appellant argues, and we agree, that the record clearly reflects a lack of impartiality on the part of a prospective juror and that it was error for the trial court to deny his challenge for cause. Appellant used a peremptory challenge to remove that juror, subsequently exhausted his quiver of peremptory challenges and identified a juror whom he would have struck peremptorily had he not previously exhausted his allotment of peremptory challenges. The trial court denied his request for an additional peremptory challenge and the juror was seated on his jury.
Notwithstanding the nonappearance on the record that appellant was prejudiced by the trial court’s error, i.e., that the seated juror he was unable to strike peremptorily was biased or otherwise incompetent, we must reverse and remand for a new trial. See Trotter v. State, 576 So. 2d 691 (Fla.1990); Street v. State, 592 So. 2d 369 (Fla. 4th DCA), rev. denied, 599 So. 2d 658 (Fla.1992).
GLICKSTEIN, C.J., and DELL, J., and OWEN, WILLIAM C., JR., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Marysol Sierra v. Associated Marine Insts., Inc., 850 So. 2d 582 (Fla. 2d DCA 2003)…ceptance Corp. v. David, 632 So. 2d 123 (Fla. 1st DCA 1994) (holding insufficient employees’ claim based on employer’s failure to take security measures to prevent customers from having direct contact with employees); Folk v. Rite Aid of Fla., Inc., 611 So. 2d 35 (Fla. 4th DCA 1992) (concluding that employer’s conduct in failing to permit security guard to carry weapon was not virtually certain to result in his injury or death). In one case, the court rejected a claim because the employer’s lack of experienc…
-
Gen. Motors Acceptance Corp. v. David, 632 So. 2d 123 (Fla. 1st DCA 1994)…nsultants about the need to take appropriate safety measures, that at least 48 employees had been injured by the unsafe machinery and it was substantially certain that employees such as plaintiff would be injured); Folk v. Rite Aid of Florida, Inc., 611 So. 2d 35, 38 (Fla. 4th DCA 1992) (complaint alleged that security guard shot and killed during armed robbery was hired to survey, confront and apprehend criminals during and immediately following criminal acts, employer armed its security personnel only with…
-
Pio Timones v. Excel Indus. OF Fla., 631 So. 2d 331 (Fla. 1st DCA 1994)…but instead, removed warning labels from the products. Timones’ attempt to fit this case within Connelly and Cunningham by alleging “virtually certain” injury does not save Timones’ otherwise deficient complaint. Folk v. Rite-Aid of Florida, Inc., 611 So. 2d 35, 38 (Fla. 4th DCA 1992) (plaintiffs allegation in its complaint that the harm was “virtually certain” is conclusory, and cannot raise the otherwise insufficient allegations of ultimate fact to a level of an intentional tort). AFFIRMED. ERVIN, J.,…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Trotter v. State, 576 So. 2d 691 (Fla. 1990)
- Street v. State, 592 So. 2d 369 (Fla. 4th DCA 1992)