STATE OF FLORIDA, PETITIONER,
v.
LAURENTINO BRAVO SALAZAR, RESPONDENT
STATE OF FLORIDA, PETITIONER,
LAURENTINO BRAVO SALAZAR, RESPONDENT
679 So. 2d 1183
Florida Supreme Court (1996)
Positive Treatment
Cited by 9 cases
Opinion of the Court
SHAW, Justice.
We have for review Salazar v. State, 665 So. 2d 1066 (Fla. 4th DCA 1995), wherein the district court certified conflict with State v. Lamoureux, 660 So. 2d 1063 (Fla. 2d DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash Salazar based on Melbourne v. State, 679 So. 2d 759 (Fla. 1996). Melbourne applies to parts 1, 2, and 3 of section 316.193(3)(c), Florida Statutes (1993).
It is so ordered.
KOGAN, C.J., and OVERTON, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Nelson v. State, 688 So. 2d 971 (Fla. 4th DCA 1997)…e for its reasons. At this point, the state, as the proponent of the strike, was required to come forward with a race-neutral explanation. If the explanation is not a pretext, the peremptory challenge is to be sustained. Melbourne; Ratliff v. State, 679 So. 2d 1183 (Fla.1996); State v. Holiday, 682 So. 2d 1092 (Fla.1996). The explanation need not be non-racial and reasonable, only truly non-raeial. Melbourne, 679 So. 2d at 764 n. 9. The burden of persuasion never leaves the opponent of a peremptory strike to…
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Sirron J. Johnson v. State, 717 So. 2d 1057 (Fla. 1st DCA 1998)…of the trial judge who can consider the demeanor of those involved and can get a feel for what is going on in the jury selection process. See Files v. State, 613 So. 2d 1301, 1305 (Fla.1992); Ratliff v. State, 666 So. 2d 1008 (Fla. 1st DCA), app’d, 679 So. 2d 1183 (Fla.1996). The trial court’s decision is given great deference and should be affirmed unless clearly erroneous. Melbourne, 679 So. 2d at 764. Here, the trial judge conducted a Neil * inquiry and found the challenge was not racially motivated. Jo…
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Heggan v. State, 745 So. 2d 1066 (Fla. 3d DCA 1999)…Fla. 1991); Ratliff v. State, 666 So. 2d 1008, 1011 n. 5 (Fla. 1st DCA)(“[W]hen the trial court relies on an uncontested factual predicate, an appeals court cannot make a de novo determination that the predicate is factually inaccurate.”), approved, 679 So. 2d 1183 (Fla.1996).…
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- Jeanie H. Melbourne v. State, 679 So. 2d 759 (Fla. 1996)
- State v. Lamoureux, 660 So. 2d 1063 (Fla. 2d DCA 1995)
- Laurentino Bravo Salazar v. State, 665 So. 2d 1066 (Fla. 4th DCA 1995)