MELVIN THOMAS WHEELER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Jones v. State, 787 So. 2d 154 (Fla. 4th DCA 2001)
  …re a guilty verdict was returned and defense counsel’s discomfort with the way in which Kurty was looking at Jones. And, despite the trial judge’s finding to the contrary, the reasons offered were clearly facially gender neutral. See James v. State, 768 So. 2d 1221, 1222 (Fla. 3d DCA 2000) (stating that, in step 2, the explanation need only be facially neutral and that step “ ‘does not demand an explanation that is persuasive, or even plausible’ ”) (quoting Melbourne, 679 So. 2d at 763). Since the reasons off…
• Smith v. State, 799 So. 2d 421 (Fla. 5th DCA 2001)
  …rty exercising the strike to come forward with a race-neutral explanation. The explanation need only be facially neutral: it does not have to be persuasive or plausible. Jones v. State, 787 So. 2d 154, 156 (Fla. 4th DCA 2001) (citing James v. State, 768 So. 2d 1221, 1222 (Fla. 3d DCA 2000) (quoting Melbourne, 679 So. 2d at 763)). The reasons offered by the State to strike Blanton consisted of the fact that he had a cousin who was prosecuted by the state and another cousin in federal prison. The fact that a pr…
• Cobb v. State, 825 So. 2d 1080 (Fla. 4th DCA 2002)
  …occupation or profession. See Siprien v. State, 812 So. 2d 536 (Fla. 4th DCA 2002)(holding that trial court’s decision allowing peremptory strike of a black juror because he was in the mental health field was not clearly erroneous); James v. State, 768 So. 2d 1221 (Fla. 3d DCA 2000)(holding that state’s reason for striking Hispanic female, i.e., that she was a recent law graduate, was neutral and genuine); Hernandez v. State, 686 So. 2d 735 (Fla. 2d DCA 1997)(holding that the trial court erred in denying stri…

Authorities Cited

• Liscinsky v. State, 700 So. 2d 171 (Fla. 4th DCA 1997)