ANDRES SEGURA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Andres Segura appeals his convictions for sexual battery and lewd molestation, challenging the trial court's denial of cause challenges to two prospective jurors. The appellate court found the trial court abused its discretion in failing to excuse jurors who demonstrated bias, entitling Segura to a new trial.
The trial court abused its discretion in denying the cause challenges to both jurors and in denying two additional peremptory challenges. Juror Parker's expressed doubts about her fairness based on her family member's similar victimization and Juror Mihaiu's belief that an innocent defendant must produce evidence justified their excusal for cause, and Segura is entitled to a new trial.
[1] A cause challenge to a prospective juror must be granted if there is a reasonable doubt as to the juror's ability to render an impartial verdict based solely on the evide…
[2] A prospective juror's statement that they will try not to let personal experiences influence their judgment is insufficient to overcome doubts about impartiality.
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Join FLexlaw to unlock all legal intelligence“A cause challenge should be granted "if there is a basis for any reasonable doubt as to any juror's possessing that state of mind which will enable him to render an impartial verdict based solely on the evidence submitted and the law announced at trial[.]"”
Establishes the legal standard for granting cause challenges and the fundamental requirement of juror impartiality
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Join FLexlaw to unlock all legal intelligenceSegura was charged with two counts of sexual battery on a minor and one count of lewd and lascivious molestation of a child. During voir dire, prospec…
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PER CURIAM.
Andres Segura appeals his convictions and sentences asserting error in the denial of his cause challenges of two prospective jurors. We agree and reverse the conviction.
Defendant was charged with two counts of sexual battery on a minor and one count of lewd and lascivious molestation of a child. During voir dire, prospective juror Parker stated that her niece had been sexually assaulted at fifteen. Despite repeated questioning and attempts to rehabilitate the juror, she never expressed a clear assurance that this incident would not influence her judgment. Her best response was that she would try not to let it affect her judgment.
Also during voir dire, the court questioned the panel as to whether everyone could agree that the defendant did not have to present any evidence. In response, prospective juror Mihaiu indicated that if he were innocent, he would strenuously protest his innocence. After more questioning, Mihaiu stated, “If there was any question in my mind, I would want to hear from the person.” The court asked the juror whether, if the defendant did not testify, it was not going to prejudice the juror’s verdict. The juror responded, “I just have doubt about the whole scenario, yes, sir.” “My only conclusion [over] the years is that I would want to stand up and bang on the table.”
The defense moved to strike these two jurors for cause. The court denied the cause challenges. The defense used per-emptories to strike these jurors. Upon exhausting its peremptories, the defense requested two additional peremptories; the court only granted one. The defense was forced to accept an undesirable juror. The defendant was convicted as charged. This error was properly preserved. Trotter v. State, 576 So. 2d 691 (Fla.1990).
A cause challenge should be granted “if there is a basis for any reasonable doubt as to any juror’s possessing that state of mind which will enable him to render an impartial verdict based solely on the evidence submitted and the law announced at trial[.]” Singer v. State, 109 So. 2d 7, 23-24 (Fla.1959).
[A] juror’s statement that he can and will return a verdict according to the evidence submitted and the law announced at the trial is not determinative of his competence, if it appears from other statements made by him or from other evidence that he is not possessed of a state of mind that will enable him to do so.
Id. at 24. The impartiality of a juror is so essential to affording a defendant a fair trial that in a close case it “should be resolved in favor of excusing the juror rather than leaving a doubt as to his or her impartiality.” Sydleman v. Benson, 463 So. 2d 533, 533 (Fla. 4th DCA 1985). Accord Price v. State, 538 So. 2d 486, 489 (Fla. 3d DCA 1989); Club West, Inc. v. Tropigas of Fla., Inc., 514 So. 2d 426, 427 (Fla. 3d DCA 1987).
Applying these standards to the record before us, we must conclude that the trial court abused its discretion in denying the cause challenges to both jurors: Juror Parker clearly expressed doubts as to her ability to be fair based on her experience with a family member victim of a similar crime; this was sufficient to justify excusing her for cause.' Wilkins v. State, 607 So. 2d 500 (Fla. 3d DCA 1992); Blye v. State, 566 So. 2d 877 (Fla. 3d DCA 1990); Salazar v. State, 564 So. 2d 1245 (Fla. 3d DCA 1990). Juror Mihaiu expressed his conviction that led the defense to logically conclude that “the accused must produce evidence of his innocence to avoid a conviction at the hands of that juror.” Singer, 109 So. 2d at 24; Overton v. State, 801 So. 2d 877 (Fla.2001). This juror should also have been excused for cause. Overton; Hamilton v. State, 547 So. 2d 630 (Fla.1989); Lowe v. State, 718 So. 2d 920 (Fla. 4th DCA 1998); Gibson v. State, 534 So. 2d 1231 (Fla. 3d DCA 1988); Huber v. State, 669 So. 2d 1079 (Fla. 4th DCA 1996).
As the foregoing demonstrates, the court’s decision to deny these cause challenges, and its denial of two additional peremptory challenges to defendant, was manifest error. Defendant is entitled to a new trial. Overton; Gibson; Huber. Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 28 So. 3d 838 (Fla. 2009)…of for-cause challenges to jurors whose relatives had been murder victims). This case is unlike cases where jurors were related to victims of violent crimes but did not assure the court of their ability to follow the law. See, e.g., Segura v. State, 921 So. 2d 765 (Fla. 3d DCA 2006); Wilkins v. State, 607 So. 2d 500 (Fla. 3d DCA 1992); Salazar v. State, 564 So. 2d 1245 (Fla. 3d DCA 1990). Finally, with respect to this point, I note that section 913.03 sets forth a list of grounds on which a challenge for cau…
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Donald Lenneth Banks v. State, 46 So. 3d 989 (Fla. 2010)…esponses provided any reasonable doubt as to whether the juror possessed an impartial state of mind. Cf. Kopsho, 959 So. 2d at 172 (“Mullinax’s consistently equivocal responses raise reasonable doubt about his fitness as a juror.”); Segura v. State, 921 So. 2d 765, 766 (Fla. 3d DCA 2006) (holding that the trial court abused its discretion in denying cause challenge because, “[d]espite repeated questioning and attempts to rehabilitate the juror, she never expressed a clear assurance that [her niece’s sexual as…
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Smith Thomas v. State, 958 So. 2d 1047 (Fla. 2d DCA 2007)…be granted. Dorsey v. Reddy, 931 So. 2d 259, 265 (Fla. 5th DCA 2006). In close cases, any doubt as to a juror’s competency should be resolved in favor of excusing the juror rather than leaving a doubt as to his or her impartiality. Segura v. State, 921 So. 2d 765, 766 (Fla. 3d DCA 2006). This court reviews a trial court’s decision to deny a cause challenge to a potential juror for an abuse of discretion. Moore v. State, 939 So. 2d 1116, 1118 (Fla. 3d DCA 2006) (quoting Still v. State, 917 So. 2d 250 (Fla. 3d…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (14 total)
- Singer v. State, 109 So. 2d 7 (Fla. 1959)
- Trotter v. State, 576 So. 2d 691 (Fla. 1990)
- Overton v. State, 801 So. 2d 877 (Fla. 2001)
- Price v. State, 538 So. 2d 486 (Fla. 3d DCA 1989)
- Sydleman v. Daniel W. Benson, M.D., 463 So. 2d 533 (Fla. 4th DCA 1985)
- Club W., Inc. v. Tropigas OF Fla., Inc., 514 So. 2d 426 (Fla. 3d DCA 1987)
- Hamilton v. State, 547 So. 2d 630 (Fla. 1989)
- Huber v. State, 669 So. 2d 1079 (Fla. 4th DCA 1996)
- Salazar v. State, 564 So. 2d 1245 (Fla. 3d DCA 1990)
- Gibson v. State, 534 So. 2d 1231 (Fla. 3d DCA 1988)