DESMOND MEADE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Desmond Meade appeals his conviction for possession of a firearm by a convicted felon, arguing the trial court erred by denying his cause challenge to a prospective juror who was a victim of armed robbery by a convicted felon. The court reverses, holding that the juror's trauma and parallel to the defendant created a reasonable doubt about her impartiality that was not cured by her affirmative response on redirect.
Yes, the trial court abused its discretion in denying the cause challenge. Based on the totality of the juror's responses, there was a reasonable doubt as to whether she could be an impartial juror. The juror's bare affirmative response to whether she could set aside her experience was not dispositive of her competence given her initial trauma-laden disclosures.
[1] A trial court abuses its discretion by denying a cause challenge of a prospective juror who draws a parallel between the defendant and a perpetrator who victimized the ju…
[2] A prospective juror's brief, affirmative answer to a leading question about impartiality does not dissipate reasonable doubt raised by prior equivocal statements.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A review of the record demonstrates that, 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.”
Establishes the legal standard for when a cause challenge must be granted—when the totality of circumstances creates reasonable doubt about impartiality.
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Join FLexlaw to unlock all legal intelligenceMeade was charged with possession of a firearm by a convicted felon. During voir dire, a prospective juror disclosed that she had been victimized in a…
The full statement of facts, procedural history, and disposition for this case are member content.
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SHEVIN, J.
Desmond Meade appeals his conviction and sentence.
We reverse, holding that the trial court should have granted defendant’s cause challenge of a prospective juror. Meade was charged with possession of a firearm by a convicted felon. During jury selection, a prospective juror related that she had been the victim of a violent home invasion robbery during which the perpetrator held a gun to her head and threatened her life. Upon further questioning, the juror volunteered that she had learned that the perpetrator was a convicted felon who was out of jail, like the defendant in this case. The defense moved to excuse the juror for cause. The court denied the cause challenge. The defendant used his first peremptory to strike this juror. We find that the court abused its discretion in denying the cause challenge when, as here, the juror drew a parallel between the defendant and the perpetrator who victimized her. Rodriguez v. State, 816 So. 2d 805 (Fla. 3d DCA 2002)(error to deny cause challenge of prospective juror who was victim of abuse by boyfriend, and whose sister was victim of domestic violence, in domestic violence felony battery trial); Gill v. State, 683 So. 2d 158 (Fla. 3d DCA 1996)(error to deny cause challenge of prospective jurors who were home burglary victims in trial of burglary of a dwelling charge); Crawford v. State, 805 So. 2d 997 (Fla. 2d DCA 2001)(error to deny cause challenge of prospective juror who had been held up at gunpoint twice, in second degree murder involving a firearm trial), review denied, 821 So. 2d 301 (Fla. 2002).
A review of the record demonstrates that, 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 certainly “not dispositive of her competence to serve in light of her initial responses.” Henry v. State, 586 So. 2d 1335, 1337 (Fla. 3d DCA 1991).
This court has long held that responses to questions by the court are more likely offered to “ ‘please’ the judge and give the rather obvious answers indicated by the leading question, and as such these responses alone must never be determinative of a juror’s capacity to impartially decide the cause to be presented.” Price v. State, 538 So. 2d 486, 489 (Fla. 3d DCA 1989); Henry, 586 So. 2d at 1337 (“responses to court’s leading questions reflect a desire to please the court, but do not dissipate the reasonable doubt raised by previous equivocal statements.”).
Moreover, this issue was preserved for review, contrary to the State’s contention. The defense was forced to exercise a peremptory challenge to strike this prospective juror. Thereafter, the defendant exhausted his peremptory challenges, requested additional challenges that were not granted, and identified the objectionable jurors that he would have stricken. Hearse v. State, 770 So. 2d 1119 (Fla.2000); Trotter v. State, 576 So. 2d 691 (Fla.1991).
Cf. Blye v. State, 566 So. 2d 877 (Fla. 3d DCA 1990)(denial of cause challenge of juror who acknowledged inability to be objective because of crimes against friends was reversible error where defendant exhausted his peremptory challenges and was denied another).
The defense also accepted the jury subject to its previous objections. Joiner v. State, 618 So. 2d 174 (Fla.1993).
We therefore reverse the conviction and remand for a new trial.
Reversed and remanded.
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Johnson v. State, 969 So. 2d 938 (Fla. 2007)…voir dire. As did the trial court, we consider these responses in their totality. Cf. Franqui v. State, 804 So. 2d 1185, 1192 (Fla.2001) (relying on “vacillation throughout voir dire” in reviewing grant of cause challenge); see also Meade v. State, 867 So. 2d 1215, 1216 (Fla. 3d DCA 2004) (re [*947] viewing grant of cause challenge “based on the totality of the juror’s responses”). When first asked by the State about her views on the death penalty, Monforte stated: “I don’t say I don’t believe in the death p…
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Stevie Lennon Scott v. State, 920 So. 2d 698 (Fla. 3d DCA 2006)…he court was misled into a belief that the voir dire issue was being abandoned by failing to renew it.” Ingrassia v. State, 902 So. 2d 367, 359 (Fla. 4th DCA 2005); see also Langon v. State, 636 So. 2d 578 (Fla. 4th DCA 1994) (same); Meade v. State, 867 So. 2d 1215 (Fla. 3d DCA 2004)(issue was preserved where the defense accepted the jury subject to its previous objections). The defendant is entitled to a new trial because the court erroneously denied the peremptory challenge at issue. Melbourne v. State, 679…
Authorities Cited (12 total)
- Joiner v. State, 618 So. 2d 174 (Fla. 1993)
- Trotter v. State, 576 So. 2d 691 (Fla. 1990)
- Kearse v. State, 770 So. 2d 1119 (Fla. 2000)
- Price v. State, 538 So. 2d 486 (Fla. 3d DCA 1989)
- Franqui v. State, 804 So. 2d 1185 (Fla. 2001)
- Eustache Henry v. State, 586 So. 2d 1335 (Fla. 3d DCA 1991)
- Martinez v. State, 795 So. 2d 279 (Fla. 3d DCA 2001)
- Gill v. State, 683 So. 2d 158 (Fla. 3d DCA 1996)
- Arlington Blye v. State, 566 So. 2d 877 (Fla. 3d DCA 1990)
- L.F. v. State, 816 So. 2d 805 (Fla. 3d DCA 2002)