CHRISTINE HOLLY BARNES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court reversed the defendant's convictions because the trial court erred in disallowing peremptory challenges to jurors with crime victim experience, which were supported by valid race-neutral reasons.
A trial court errs when it disallows peremptory challenges supported by valid, race-neutral reasons such as jurors' or their family members' prior victimization by crime.
[1] A trial court errs in disallowing peremptory challenges when the challenging party provides valid, race-neutral reasons supported by the record, such as jurors' prior vic…
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Join FLexlaw to unlock all legal intelligenceDefense counsel sought to peremptorily challenge two jurors: Lawman, who had been a crime victim, and Weber, whose family members had been crime victi…
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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 demonstrate its justifications for striking Lawman and Weber. The trial court conducted a Neil1 inquiry. Defense counsel stated that he had peremptorily challenged juror Lawman because he had been a victim of a crime and that he had challenged juror Weber because members of her immediate family had been victims of crime. The record supports the defense counsel’s reasons for challenging jurors Lawman and Weber. The record also supports that the other jurors that were seated had never been victims of a crime or that their family members had never been victims of a crime. Clearly, the defense counsel provided valid, race-neutral reasons for peremptorily challenging jurors Lawman and Weber. See Adams v. State, 559 So. 2d 1293 (Fla. 3d DCA), dismissed, 564 So. 2d 488 (Fla.1990). We find that the trial court erred in disallowing the defendant’s peremptory challenges of jurors Lawman and Weber and accordingly, we reverse the defendant’s convictions and sentences and remand for a new trial.
In light of our decision, it is not necessary to reach the remaining points raised on appeal.
Reversed and remand for a new trial.
. State v. Neil, 457 So. 2d 481 (Fla.1984).
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Dean v. State, 703 So. 2d 1180 (Fla. 3d DCA 1997)…lack of responsiveness are not characteristics that are particular to any racial or ethnic group. The other reason, that Mr. Pensel, his wife and son had been victims of crimes, has also been held to be a valid race-neutral reason. Barnes v. State, 620 So. 2d 243 (Fla. 3d DCA 1993); Williams v. State, 619 So. 2d 487 (Fla. 1st DCA 1993). The state argues that the proffered reasons were pretextual because there was no “genuine” basis in the record to justify the suggestions of inattentiveness and unresponsive…
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Anderson v. State, 750 So. 2d 741 (Fla. 3d DCA 2000)…of crime has consistently been held to be a valid, race-neutral and gender-neutral reason for a peremptory strike. 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 th…
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Betancourt v. State, 650 So. 2d 1021 (Fla. 3d DCA 1995)…CA 1994) (same, challenge based on inability to follow jury instructions and having police officers as family members); Pollock v. State, 634 So. 2d 327 (Fla. 3d DCA 1994) (same, challenge based on unspecified race-neutral reasons); Barnes v. State, 620 So. 2d 243 (Fla. 3d DCA 1993) (same, challenge based on prospective juror or juror’s family members being victims of a crime); Williams v. State, 619 So. 2d 487 (Fla. 1st DCA 1993) (same, challenge based on black juror being victim of robbery); Wimberly v. Sta…
Previewing 3 of 6 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)
- Adams v. State, 559 So. 2d 1293 (Fla. 3d DCA 1990)
- Barnes v. State, 592 So. 2d 1127 (Fla. 3d DCA 1992)
- State v. Barnes, 602 So. 2d 532 (Fla. 1992)