EDWARD PRIDE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Edward Pride was convicted of sexual battery after the trial court improperly conducted a Neil inquiry and denied his peremptory challenge of a juror. The appellate court reversed, holding that the trial court failed to satisfy the threshold requirements for a Neil inquiry before questioning the defendant's race-neutral justification for the challenge.
A Neil inquiry is warranted only after the non-challenging party makes a timely formal objection, identifies the juror as a member of a cognizable class, and demonstrates record facts reasonably indicating impermissible use of a peremptory strike. Here, the trial court improperly entertained the defendant's justifications without satisfying these threshold requirements, and the peremptory strike should have been honored from the onset.
[1] A Neil inquiry is warranted only after the non-challenging party makes a timely objection, identifies the prospective juror as a member of a cognizable class, and demonst…
[2] Merely observing that a peremptory strike appears discriminatory or noting a juror's protected class is insufficient to trigger a Neil inquiry.
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Join FLexlaw to unlock all legal intelligence“The trial court should conduct a Neil inquiry only after the non-challenging party makes a timely objection, identifies the prospective juror as a member of a cognizable class, and demonstrates record facts which reasonably indicate the impermissible use of a peremptory strike.”
Establishes the three threshold requirements for conducting a Neil inquiry under Florida law
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Join FLexlaw to unlock all legal intelligenceDuring voir dire, Pride attempted to peremptorily challenge a prospective juror. The State noted the juror was a woman of Cuban heritage. Pride immedi…
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GERSTEN, Judge.
Appellant, Edward Pride, appeals his convictions for sexual battery, claiming the trial court erred in conducting Neil inquiries for peremptorily challenged jurors. We reverse because the trial court improperly conducted a Neil inquiry.
During a voir dire sidebar, appellant attempted to peremptorily backstrike a prospective juror. As the trial court continued to ask appellant’s approval on other jurors, the State noted, “She [the prospective juror] is both a woman and a [sic] Cuban heritage.” The State said nothing more. Appellant immediately justified his challenge, stating: the juror was inattentive, unresponsive, and dishonest, had looked at appellant with “horror,” and had described appellant’s appearance as “funky.”
Determining that appellant failed to give “a race neutral reason” for backstriking the juror, the trial court seated the juror and denied appellant’s motion to strike the entire jury panel. The jury found appellant guilty.
Appellant asserts, inter alia, that the trial court denied him a fair trial by refusing to honor his peremptory backstrike. The State contends that the trial court properly found appellant’s backstrike to be diserimina-tory and properly seated the juror. The trial court should conduct a Neil inquiry only after the non-challenging party makes a timely objection, identifies the prospective juror as a member of a cognizable class, and demonstrates record facts which reasonably indicate the impermissible use of a peremptory strike. Windom v. State, 656 So. 2d 432 (Fla.1995); Cruz v. State, 660 So. 2d 792 (Fla. 3d DCA 1995); see State v. Neil, 457 So. 2d 481 (Fla.1984). The non-challenging party must satisfy each of these prongs for a Neil inquiry to be warranted. See State v. Johans, 613 So. 2d 1319 (Fla. 1993); State v. Slappy, 522 So. 2d 18 (Fla.), cert, denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988); Cruz, 660 So. 2d at 792-93.
Here, at best, the State identified the juror as a member of alternative cognizable classes. However, this is not enough to warrant inquiry without a formal, evidentiary-like objection to appellant’s use of the peremptory. Merely requesting a Neil inquiry, asking for gender-or race-neutral reasons for the peremptory, or observing for the record that the peremptory seems discriminatory is not sufficient. Portu v. State, 651 So. 2d 791 (Fla. 3d DCA), rev. denied, 658 So. 2d 992 (Fla.1995); Betancourt v. State, 650 So. 2d 1021 (Fla. 3d DCA), rev. denied, 659 So. 2d 272 (Fla.1995); see Garcia v. State, 655 So. 2d 194 (Fla. 3d DCA 1995); Barquín v. State, 654 So. 2d 1069 (Fla. 3d DCA 1995).
This record indicates the trial court did not conduct a traditional Neil inquiry by formally prompting the challenging party to justify on the record its peremptory strike. Instead, appellant began arguing why it chose to backstrike the prospective juror immediately after the State noted the juror’s gender and cultural heritage.
However, the trial court relied on appellant’s justifications in determining failure to give a race-neutral reason for challenging the prospective juror. In doing so, the trial court entertained reasons and justifications which should not be probed, absent a proper objection. See Garcia, 655 So. 2d at 195. The fact the trial court ultimately found the justifications discriminatory is immaterial where the threshold requirements of a Neil inquiry were not met. In essence, its finding was based upon waters best left uncharted.
Although they have suffered the slings and arrows of outrageous fortune, peremptories are not dead. Johans, 613 So. 2d at 1322; cf. William Shakespeare, The Tragedy of Hamlet act 3, sc. 1. Accordingly, appellant’s peremptory strike should have been honored from the onset, and the prospective juror should not have been seated.
Reversed and remanded for a new trial.
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Citator
Cited By
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Slaton v. State, 666 So. 2d 598 (Fla. 3d DCA 1996)…nvicted the defendant. We agree that the State’s objections in both instances were insufficient to dispel the presumption of validity which attached to the defendant’s challenges. Holiday v. State, 665 So. 2d 1089 (Fla. 3d DCA 1996); Pride v. State, 664 So. 2d 1114 (Fla. 3d DCA 1995). [*599] Accordingly, we reverse the convictions and remand for a new trial. In view of our resolution of the case on this point we decline to address the defendant’s other contentions. Reversed and remanded for a new trial.…
Authorities Cited (13 total)
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- State v. Slappy, 522 So. 2d 18 (Fla. 1988)
- Windom v. State, 656 So. 2d 432 (Fla. 1995)
- Men's Int'l Prof'l Tennis Council v. Volvo N. Am. Corp., 487 U.S. 1219 (U.S. 1988)
- Waste Mgmt. of Wis., Inc. v. Wis. Dep't of Natural Res., 487 U.S. 1219 (U.S. 1988)
- State v. Johans, 613 So. 2d 1319 (Fla. 1993)
- Portu v. State, 651 So. 2d 791 (Fla. 3d DCA 1995)
- Gehrmann v. State, 650 So. 2d 1021 (Fla. 4th DCA 1995)
- Betancourt v. State, 650 So. 2d 1021 (Fla. 3d DCA 1995)
- Cruz v. State, 660 So. 2d 792 (Fla. 3d DCA 1995)