KEITH GEHRMANN, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (22 total)

• Franqui v. State, 699 So. 2d 1332 (Fla. 1997)
  …“I don’t think that is a race-neutral reason” test. The majority has simply turned a blind eye to the obvious error in this case. As Chief Judge Schwartz declared in reversing a murder conviction under identical circumstances in Betancourt v. State, 650 So. 2d 1021 (Fla. 3d DCA 1995): Our holding that overruling the attempted strike of Garcia was reversible error is essentially based upon the fact that there is no basis whatever for concluding that the challenge involved the evil proscribed by the Batson-Neil…
• Belvin v. State, 922 So. 2d 1046 (Fla. 4th DCA 2006)
  …hed principle of law.” The state contends that the county court properly admitted the affidavit as a public records hearsay exception, pursuant to sections 316.1934(5) and 90.803(8), Florida Statutes, and based on our decisions in Gehrmann v. State, 650 So. 2d 1021 (Fla. 4th DCA 1995), and State v. Irizarry, 698 So. 2d 912 (Fla. 4th DCA 1997). Petitioner counters that the circuit court’s ruling on the breath test affidavit violated a clearly established principle of law in that it conflicted with the United S…

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• Edgardo Luis Rivera v. State, 670 So. 2d 1163 (Fla. 4th DCA 1996)
  …eason for the exercise of a peremptory chaEenge. Cf. Gonzalez v. State, 569 So. 2d 782 (Fla. 4th DCA 1990), quashed in part on other grounds, 585 So. 2d 932 (Fla.1991) (involvement of a juror’s close family member with the law); Betancourt v. State, 650 So. 2d 1021, 1023 (Fla. 3d DCA), review denied, 659 So. 2d 272 (Fla.1995) (juror who had served as foreman of another jury supphed race-neutral reason). There was no contrary evidence that the chaEenge of juror MaxweE was motivated by discriminatory intent. Th…