RODOFF DESROCHES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a conviction for aggravated battery with a firearm because the trial court abused its discretion by denying defendant's race-neutral peremptory challenge to strike a black prospective juror based on articulated, non-pretextual reasons.
A trial court abuses its discretion by precluding a peremptory challenge when the defendant articulates race-neutral, non-pretextual reasons for striking a juror of the same race.
[1] A peremptory challenge based on race-neutral, non-pretextual reasons articulated by counsel and supported by specific facts in the record is permissible even when exercis…
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Join FLexlaw to unlock all legal intelligenceRodoff Desroches, a black male, was convicted of aggravated battery with a firearm. During jury selection, defense counsel sought to exercise a peremp…
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PER CURIAM.
Rodoff Desroches appeals a judgment of conviction for aggravated battery with a firearm. We reverse.
The trial court abused its discretion in precluding defendant, a black male, from exercising a peremptory challenge to strike a black prospective juror from the venire. Upon the state’s objection, defense counsel asserted that the prospective juror would be unable to relate to defendant’s situation and articulated several specific facts contained in the record in support of that reason. That reason constitutes a race-neutral, non-pretex-tual reason for striking the juror, who served as foreman on the jury. Cf Files v. State, 613 So. 2d 1301, 1304 (Fla.1992) (peremptory challenge of prospective juror who is divorced, unemployed, has five children and no visible means of support permissible; juror’s situation “may indicate that the person may be more sympathetic to a party opposing an authoritative party in the litigation.”); Mitchell v. State, 622 So. 2d 1156 (Fla. 5th DCA 1993) (peremptory challenge of prospective juror who was not member of civic or religious organization and expressed no interest in any activity except reading permissible where state was seeking politically conservative and community minded jurors).
See generally J.E.B. v. Alabama, — U.S. -,-n. 16, 114 S.Ct. 1419, 1429 n. 16, 128 L.Ed.2d 89,105-06 n. 16 (1994) (absent a showing of pretext, peremptory challenge of all persons with military experience permissible; despite disproportionate effect on male prospective jurors, challenge is not gender or raced based).
Accordingly, we reverse the judgment and remand for a new trial.
Reversed and remanded.
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Betancourt v. State, 650 So. 2d 1021 (Fla. 3d DCA 1995)….04[3] (1992). Because Garcia’s status as a foreman and “leader” thus constitutes a legitimate, obviously “race-neutral” reason for the challenge,5 the trial court abused its discretion in seating him for this reason as well. See Desroches v. State, 645 So. 2d 1084 (Fla. 3d DCA 1994) (reversing denial of defendant’s peremptory challenge based on inability of black juror to relate to black defendant’s situation); Alexander v. State, 643 So. 2d 1151 (Fla. 3d DCA 1994) (same, challenge based on inability to follo…
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Tony deAndre Smith v. State, 662 So. 2d 1336 (Fla. 2d DCA 1995)…o children. See State v. Slappy, 522 So. 2d 18, 22 (Fla.) (reason for challenge may be pretextual if “unrelated to the facts of the case”) (emphasis added), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988); cf. Desroches v. State, 645 So. 2d 1084 (Fla. 3d DCA 1994) (African-American defendant’s assertion that African-American prospective juror would be unable to relate to defendant’s situation based on facts in record constituted race-neutral, non-pretextual reason for striking juror). Appe…
Authorities Cited
- J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (U.S. 1994)
- Files v. State, 613 So. 2d 1301 (Fla. 1992)
- Rabbi David Marciano-Yishai v. Disavoia, 622 So. 2d 1156 (Fla. 2d DCA 1993)
- Mitchell v. State, 622 So. 2d 1156 (Fla. 5th DCA 1993)