DARRELL MITCHELL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a Neil issue is preserved if the defendant accepts the jury subject to an earlier objection.
Mitchell was convicted of a felony and argued that the State's peremptory challenge against a juror was based on race, violating State v. Neil. The di…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse State V. Neil Standard cases and more on FLexlaw
PER CURIAM.
We review Mitchell v. State, 595 So. 2d 1120 (Fla. 5th DCA 1992), wherein the district court cited as controlling authority Joiner v. State, 593 So. 2d 554 (Fla. 5th DCA 1992), which we accepted for review. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418 (Fla.1981).
Darrell Mitchell (Mitchell) was convicted of a third-degree felony in violation of section 817.563, Florida Statutes (1989). Mitchell argued before the district court that his conviction should be reversed because he had shown during voir dire that the State exercised its peremptory challenge against a prospective juror on the basis of race, in violation of State v. Neil, 457 So. 2d 481 (Fla.1984), clarified, State v. Castillo, 486 So. 2d 565 (Fla.1986). The district court affirmed Mitchell’s conviction and sentence per curiam without opinion, citing its opinion in Joiner, which held that the Neil issue had been waived.
We held in Joiner v. State, 618 So. 2d 174 (Fla.1993), that in order to preserve a Neil issue for review, it is necessary to call to the court’s attention before the jury is sworn, by renewed motion or by accepting the jury sübject to the earlier objection, the desire to preserve the issue. In the instant case, Mitchell accepted the jury subject to his earlier Neil objection.1 Therefore, we quash the decision below and remand to the district court for resolution of the properly preserved Neil issue.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur. . At the end of jury selection, when asked if the jury was acceptable, defense counsel replied: "Yes, your Honor, subject to the objection that we made.” The court responded: "I understand. That’s fine.”
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
-
Lenard James Philmore v. State, 820 So. 2d 919 (Fla. 2002)…it to be sworn”); Melbourne v. State, 679 So. 2d 759, 765 (Fla.1996) (holding that defendant failed to preserve the challenge to the peremptory strike for review because she did not renew her objection before the jury was sworn); Mitchell v. State, 620 So. 2d 1008, 1009 (Fla.1993) (same); Joiner v. State, 618 So. 2d 174, 176 (Fla.1993) (stating that defendant abandoned his earlier objection because he failed to either renew his objection or accept jury subject to earlier objection). Moreover, we conclude that…
-
Milstein v. Mut. Sec. Life Ins. Co., 705 So. 2d 639 (Fla. 3d DCA 1998)…SORONDO, Judge, specially concurring. I concur with the majority opinion because I am compelled to do so by the Florida Supreme Court’s decision in Mitchell v. State, 620 So. 2d 1008 (Fla.1993). I write separately to address the law and the specific circumstances of this ease. I begin with the premise that jury selection is the most significant stage of any trial.3 The Supreme Court of Florida has acknowledged the importance of…1 / 4
-
Nelson v. State, 688 So. 2d 971 (Fla. 4th DCA 1997)…the opponent must call the court’s attention to its objection, even if there was an earlier objection, before the jury is sworn. This is done either by renewing its motion or by accepting the jury subject to the earlier objection. Mitchell v. State, 620 So. 2d 1008 (Fla.1993); Joiner v. State, 618 So. 2d 174 (Fla.1993); Suggs v. State, 620 So. 2d 1231 (Fla.1993). The purpose of renewing the objection is to put the court on notice that such an objection remains outstanding. Although defense counsel may have bee…
Previewing 3 of 22 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)
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Joiner v. State, 618 So. 2d 174 (Fla. 1993)
- State v. Castillo, 486 So. 2d 565 (Fla. 1986)
- Joiner v. State, 593 So. 2d 554 (Fla. 5th DCA 1992)
- Hughes Zamir v. State, 595 So. 2d 1120 (Fla. 5th DCA 1992)