HENRY LEE BROWN, APPELLANT/CROSS-APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT

Fla. 1st DCA | 1993-08-18
Nos. 91-2880, 91-3182
ERVIN and WOLF, JJ., concur.
624 So. 2d 299 Florida District Court of Appeal, First District (1993) Positive Treatment
Cited by 4 cases

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.

Synopsis

Brown was convicted of attempted first-degree murder and carrying a concealed firearm. On appeal, the court reversed his conviction because the prosecutor's peremptory strike of a black juror was racially motivated, violating the defendant's constitutional rights despite the prosecutor's stated reason of wanting to reach a different juror.


Holding

The court held that the peremptory challenge was racially motivated and constitutionally forbidden. Although eliminating one juror to reach another can be a legitimate basis for a peremptory challenge, the prosecutor must provide nonracial reasons for striking the black jurors rather than white jurors when doing so to make room for other jurors. Brown's conviction was reversed and he was awarded a new trial.


Headnotes

[1] A peremptory strike of a prospective juror is constitutionally forbidden if it is racially motivated.

[2] Eliminating one juror to reach another is a legitimate basis for a peremptory challenge, but the prosecutor must provide nonracial reasons for striking minority jurors in…

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“in the context of Neil it would be incumbent on the prosecutor to give nonracial reasons for having challenged the black jurors rather than the white jurors in his effort to make room for the new persons he sought to have join the panel.”

Establishes the legal standard that prosecutors must provide race-neutral reasons when striking jurors of a particular race, even if done to reach other jurors.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Brown, a black defendant represented by black counsel, faced charges of attempted first-degree murder and carrying a concealed firearm. The victim was…

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.


Opinion of the Court
CAWTHON, Senior Judge.

CAWTHON, Senior Judge.

Brown appeals, and the state cross appeals, Brown’s judgment of conviction and sentence for attempted first-degree murder and carrying a concealed firearm. Brown has raised four points on appeal, only one of which has merit and requires reversal and remand for a new trial.1 Appellant argues that the trial court abused its discretion in denying his “Neil ” challenge2 to the state’s peremptory strike of a prospective black juror. It was placed into the record during the court’s inquiry into the challenge that the juror, appellant’s counsel, appellant and the victim were all black, and that the venire had only three black members. The prosecutor then stated for the record:

I at this point exercised a peremptory challenge against Ms. Robinson for one reason and one reason only. The reason for that was that I wanted to get to Mr. Yates. I believe, if my memory does not fail me, his wife works for the Florida Highway Patrol, a member of the NRA, and I think that he would be more sympathetic to the State of Florida than perhaps Ms. Robinson would. That’s why I bumped Ms. Robinson to get to another juror. I bumped A to get to B. Okay?

After argument of counsel, the court found the exercise of the challenge against Robinson to be “race neutral, reasonable and also non-pretextual.” In so finding, we hold the trial court abused its discretion.

It is settled that although “[eliminating one juror in order to reach another is a legitimate basis for exercising a peremptory challenge,” Kibler v. State, 546 So. 2d 710, 714 (Fla.1989), “in the context of Neil it would be incumbent on the prosecutor to give nonracial reasons for having challenged the black jurors rather than the white jurors in his effort to make room for the new persons he sought to have join the panel.” Id. Accordingly, in Alen v. State, 596 So. 2d 1083 (Fla. 3d DCA 1992), the Third District concluded. that the state’s use of an ethnically motivated strike against a juror was constitutionally forbidden “even though it was done to reach another Hispanic juror who ultimately served as an alternate.” Id. at 1085. In a well-reasoned concurring opinion, Judge Hubbert, referring to Kibler, agreed that the court “quite properly” concluded “that this peremptory challenge was ‘ethnically motivated’ ” and therefore forbidden. Id. at 1088, n. 9. Judge Hubbert viewed the reason given as being based on subjective impressions and factors which “could otherwise be used as a subterfuge to mask discriminatory motives [footnote omitted].” Id. at 1088. We agree wholeheartedly with this view and embrace Judge Hubbert’s analysis of an evolution in the law since Neil that will ultimately “sound the death knell for the peremptory challenge system as we know it.” Id. at 1086.

Based on the foregoing, there having been offered no legitimate race-neutral reason for the peremptory strike of juror Robinson personally, we conclude that the peremptory challenge herein was racially motivated and therefore constitutionally forbidden. For that reason, we must reverse Brown’s conviction and direct that he be awarded a new trial.

ERVIN and WOLF, JJ., concur. . For that reason, we need not reach the state’s cross appeal challenging the sentence imposed as being an improper downward departure from the guidelines recommended sentence.

. State v. Neil, 457 So. 2d 481 (Fla.1984).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Joseph v. State, 636 So. 2d 777 (Fla. 3d DCA 1994)
    …Arab Americans, Asian Americans, and other European Americans. [*782] Alen v. State, 596 So. 2d 1083, 1087 (Fla. 3d DCA 1992) (en banc) (Phillip Hubbart, J., concurring) (footnote omitted), approved, 616 So. 2d 452 (Fla.1993); accord Brown v. State, 624 So. 2d 299, 300 (Fla. 1st DCA 1993). While Judge Hubbart’s prediction may now be one step closer to coming true, it remains equally true that “the appearance of discrimination in court procedure is especially reprehensible, since it is the complete antithesis…
  • Suggs v. State, 624 So. 2d 833 (Fla. 5th DCA 1993)
    …were based on the particular case on trial, the parties, or witnesses, or characteristics of the challenged persons other than race, then the inquiry should end and the jury selection should continue.” Neil, 457 So. 2d at 487. . See Brown v. State, 624 So. 2d 299 (Fla. 3d DCA 1993); Stroder v. State, 622 So. 2d 585 (Fla. 1st DCA1993).…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw