STEVE LANGON, APPELLANT/CROSS-APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT
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PER CURIAM.
We reverse for a new trial on the authority of J.E.B. v. Alabama, — U.S. -, 114 S.Ct. 1419, 128 L.Ed.2d 89 (U.S. April 19, 1994). See also Laidler v. State, 627 So. 2d 1263 (Fla. 4th DCA 1993). We reject the state’s argument that the issue of gender bias in the state’s exercise of peremptory challenges was not preserved. We recognize that the defense failed to renew its objection at the conclusion of voir dire, as required by Joiner v. State, 618 So. 2d 174 (Fla.1993). See also Mitchell v. State, 620 So. 2d 1008 (Fla.1993). However, here, the record reflects that in denying the defense request for a gender bias inquiry, the trial court made it clear that it understood that the issue in question would have to be resolved by an appeal. Therefore, Appellant’s silence when the jury was subsequently seated misled nei ther the court nor the state into the belief that the issue was not preserved.
GUNTHER, STONE and STEVENSON, JJ., concur.
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Jones v. State, 787 So. 2d 154 (Fla. 4th DCA 2001)…to adequately engage in the “genuineness inquiry” mandated by Melbourne. REVERSED and REMANDED. POLEN and TAYLOR, JJ., concur. . Contrary to the argument advanced by the State, we find that the issue was preserved for appeal. See Langon v. State, 636 So. 2d 578 (Fla. 4th DCA 1994). . Melbourne 's three-step inquiry has been expressly held to apply to peremptory challenges that are suspect due to gender. See Foster v. State, 767 So. 2d 525, 527 (Fla. 4th DCA 2000).…
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Kennis L. Schummer v. State, 654 So. 2d 1215 (Fla. 1st DCA 1995)…nize, however, that there may be circumstances where this is not required, such as when the trial court indicates on the record that it understands the issue has been raised and requires resolution by the appellate court. See, e.g., Langon v. State, 636 So. 2d 578 (Fla. 4th DCA 1994).…
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Langon v. State, 791 So. 2d 1105 (Fla. 4th DCA 1999)…nce of counsel and to a fair trial were compromised by the court’s denial of a continuance prior to trial. In 1990, Langon was convicted of these same charges, but this court overturned that conviction and remanded for a new trial. Langon v. State, 636 So. 2d 578 (Fla. 4th DCA 1994). In June 1994, the trial court determined that lead counsel from the first trial, Anthony Natale, would be retained for the second. However, in July 1994, the trial court heard Natale’s motion to withdraw in the first of a string…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Joiner v. State, 618 So. 2d 174 (Fla. 1993)
- J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (U.S. 1994)
- Mitchell v. State, 620 So. 2d 1008 (Fla. 1993)
- Euriell Laidler v. State, 627 So. 2d 1263 (Fla. 4th DCA 1993)