THE STATE OF FLORIDA, PETITIONER,
v.
FREDERICK FREY, RESPONDENT
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Florida Supreme Court granted certiorari and reinstated defendant's conviction, holding that the trial court properly denied a challenge for cause to a juror who was sufficiently rehabilitated during voir dire.
A trial court does not abuse its discretion in denying a challenge for cause when the juror in question is sufficiently rehabilitated through questioning.
[1] A trial court has discretion to deny a challenge for cause when a juror is sufficiently rehabilitated through voir dire questioning, even if the juror initially appeared…
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Join FLexlaw to unlock all legal intelligenceThe defendant was convicted at trial. The trial court denied the defendant's challenge for cause against a juror, forcing the defendant to use perempt…
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PER CURIAM.
The State seeks certiorari review of an order of the circuit court, appellate division, reversing the defendant’s conviction and sentence and granting a new trial. We have jurisdiction, pursuant to Article V, section 4(b)(3), Florida Constitution, and Rule 9.030(b)(2)(B), Florida Rules of Appellate Procedure, and grant the petition.
In the case below, the circuit court, sitting in its appellate capacity, found that the trial court had committed reversible error when it denied the defendant’s challenge for cause of an allegedly objectionable juror, forced the defendant to exhaust his three allotted peremptory challenges, and subsequently denied the defendant’s request for additional per emptory challenges. After carefully considering the record and argument of counsel, we find that, even if the issue was preserved for appellate review, the juror in question was sufficiently rehabilitated by the trial court, and that therefore, the trial court’s denial of the challenge for cause was well within its discretion. Cook v. State, 542 So. 2d 964, 969 (Fla.1989).
Accordingly, we grant the petition, vacate the circuit court’s order granting a new trial, and reinstate the trial court’s judgment of conviction and sentence.
Petition granted; order vacated; and judgment reinstated.
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Citator
Cited By
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State v. Wilson, 690 So. 2d 1361 (Fla. 2d DCA 1997)…district court can declare a miscarriage of justice when it disagrees with the circuit court’s decision on appeal to grant a criminal defendant a new trial when the county court denied a motion to strike a particular juror for cause. State v. Frey, 685 So. 2d 967 (Fla. 3d DCA 1996). See also State v. Osvath, 661 So. 2d 1252 (Fla. 3d DCA 1995) (granting certiorari because district court disagreed with circuit court’s decision that use of illegal tape recording in one misdemeanor trial was fundamental error);…
Authorities Cited
- Cook v. State, 542 So. 2d 964 (Fla. 1989)