GEOVANI JOHNSON
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A party opposing a peremptory strike must make a specific objection to the proponent's proffered race-neutral reason for the strike, if contested, to preserve any claim of error regarding the trial court's acceptance of that reason.
[1] A party opposing a peremptory strike must make a specific objection to the proponent's proffered race-neutral reason for the strike to preserve a claim of error regarding…
Previewing 1 of 1 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“the party opposing a peremptory strike must make a specific objection to the proponent's proffered race-neutral reason for the strike, if contested, to preserve the claim that the trial court erred in concluding that the proffered reason was genuine.”
Florida Supreme Court's holding in Johnson II establishing the requirement for specific objections to preserve error in peremptory strike challenges
Geovani Johnson was convicted of crimes in three separate cases. This Court initially reversed his convictions, finding the trial court failed to comp…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Race-Neutral Explanation cases and more on FLexlaw
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
GEOVANI JOHNSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
Nos. 4D15-4452, 4D15-4519 and 4D15-4539
[July 15, 2020]
Consolidated appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Kathleen McHugh, Judge; L.T. Case Nos. 13- 011816CF10A, 13-012248CF10A and 14-013212CF10A.
Antony P. Ryan, Regional Counsel, and Richard G. Bartmon, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Fourth District, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Kimberly T. Acuña, Assistant Attorney General, West Palm Beach, for appellee.
ON REMAND FROM THE FLORIDA SUPREME COURT PER CURIAM.
In Johnson v. State (Johnson I), 268 So. 3d 729, 731 (Fla. 4th DCA 2018), a divided panel of this Court reversed Geovani Johnson’s convictions and sentences. The panel majority stated that “[t]he ultimate question we answer in this case is whether the Melbourne [v. State, 679 So. 2d 759 (Fla. 1996)] procedure is always a three-step process, or a three-step process if requested.” Johnson I, 268 So. 3d at 731. “We determine[d] that the Melbourne procedure is indeed always a three-step process,” id., and concluded “the trial court failed to comply with the duty imposed by Step 3 of the Melbourne procedure,” id. at 743.
The Florida Supreme Court quashed our decision, holding “that the party opposing a peremptory strike must make a specific objection to the proponent’s proffered race-neutral reason for the strike, if contested, to preserve the claim that the trial court erred in concluding that the
2
proffered reason was genuine.” State v. Johnson (Johnson II), 45 Fla. L. Weekly S161, No. SC19-96, 2020 WL 2563481, at *1 (Fla. May 21, 2020).
Johnson failed to make a specific objection to the State’s proffered race- neutral reason for the strike. So, consistent with the supreme court’s opinion, we affirm Johnson’s convictions and sentences.1 See id. at *4.
Affirmed. WARNER, CONNER and KUNTZ, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Geovani Johnson v. State, 45 Fla. L. Weekly S161 (Fla. 4th DCA 2020)
-
Richardson v. State (Fla. 5th DCA 2024)
-
State v. Geovani Johnson (Fla. 2020)
Authorities Cited (53 total)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986)
- Richardson v. State, 246 So. 2d 771 (Fla. 1971)
- Duncan v. Louisiana, 391 U.S. 145 (U.S. 1968)
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Jeanie H. Melbourne v. State, 679 So. 2d 759 (Fla. 1996)
- State v. Slappy, 522 So. 2d 18 (Fla. 1988)
- Powers v. Ohio, 499 U.S. 400 (U.S. 1991)
- Hernandez v. New York, 500 U.S. 352 (U.S. 1991)
- Rodriguez v. State, 753 So. 2d 29 (Fla. 2000)
- Joiner v. State, 618 So. 2d 174 (Fla. 1993)