DWAYNE STEVEN DEVINE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Desmond Meade v. State, 867 So. 2d 1215 (Fla. 3d DCA 2004)
  …based on the totality of the juror’s responses, there was a reasonable doubt as to whether she could be an impartial juror, and the cause challenge should have been granted on that basis. Franqui v. State, 804 So. 2d 1185 (Fla.2001); Miles v. State, 826 So. 2d 492 (Fla. 3d DCA 2002); Martinez v. State, 795 So. 2d 279 (Fla. 3d DCA 2001). This juror was not rehabilitated; she only answered, “Yes,” to the court’s sole question of whether she could put her experience aside and be impartial. This response is certa…
• Diaz v. State, 45 So. 3d 32 (Fla. 4th DCA 2010)
  …ubt in Lewis. The prospective juror’s silence was inadequate to dispel the reasonable doubt created by her earlier equivocal response that she would have difficulty and could not be sure that she could be fair and impartial. See also Miles v. State, 826 So. 2d 492 (Fla. 3d DCA 2002); Ferguson v. State, 693 So. 2d 596 (Fla. 2d DCA 1997). Therefore, we find that the trial court committed manifest error by refusing to dismiss that juror for cause, and we reverse appellant’s conviction and sentence and remand for…
• Sciallo v. State (Fla. 3d DCA 2024)
  …nd the court determines’ that the juror ‘can render an impartial verdict according to the evidence.’” Matarranz v. State, 133 So. 3d 473, 493 (Fla. 2013) (Canady, J., dissenting) (quoting § 913.03(10), Fla. Stat.). In one such case, Miles v. State, 826 So. 2d 492, 493 (Fla. 3d DCA 2002), the defendant was charged with capital sexual battery and witness tampering. A medical social worker who worked with sexually abused children was on the venire. Id. The prosecutor inquired as to whether there was anything…

Authorities Cited

• Lowe v. State, 742 So. 2d 350 (Fla. 5th DCA 1999)
• Gourley v. State, 787 So. 2d 975 (Fla. 5th DCA 2001)
• Daneal J. Irons v. State, 787 So. 2d 975 (Fla. 5th DCA 2001)