FRANK KAIN
v.
THE 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.
Florida's use of six-member juries in non-capital cases does not violate the Sixth Amendment right to trial by jury.
[1] A six-member jury in a non-capital criminal case satisfies the Sixth Amendment right to trial by jury.
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“Florida's use of six-member jury in non-capital cases does not violate the Sixth Amendment right to trial by jury”
The court's holding citing Williams v. Florida, 399 U.S. 78, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1970)
Frank Kain appealed a judgment from the Circuit Court for Miami-Dade County. The appeal involved a challenge to the jury composition in a non-capital …
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 Appeal Of Criminal Conviction cases and more on FLexlaw
Third District Court of Appeal State of Florida
Opinion filed August 21, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-1189 Lower Tribunal No. F20-13505 ________________
Frank Kain, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Milton Hirsch, Judge.
Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.
Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.
Before SCALES, GORDO and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See Williams v. Florida, 399 U.S. 78, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1970) (holding Florida’s use of six-member jury in non-capital cases does not violate the Sixth Amendment right to trial by jury).