THOMAS E. SMITH, APPELLANT,

v.

HELEN E. SMITH, APPELLEE

Citator

Cited By

• Newton v. State, 178 So. 2d 341 (Fla. 2d DCA 1965)
  …ror found to be an alien after jury had been sworn); “ * * * Alternate jurors * * * shall replace jurors who * * * become unable or disqualified to perform their duties. * * *” § 913.10(2), Fla.Stats., F.S.A. . See Bailey v. Deverick, Fla.App.1962, 142 So. 2d 775, 95 A.L.R.2d 953; Cf. Annot. 95 A.L.R.2d 957 (1964). . See Myers v. State, 1901, 43 Fla. 500, 31 So. 275 (witness originally indicted as accessory not accomplice where nol. pros, had been entered as to him and no evidence connected him with the cri…
• Thundereal Corp. v. Sterling, 368 So. 2d 923 (Fla. 1st DCA 1979)
  …d the peremptory challenges to three per side. But the error was harmless because Thunderbird and Aetna do not claim prejudice or that the jury was not impartial, and the record does not reflect prejudice or lack of impartiality. Bailey v. Deverick, 142 So. 2d 775 (Fla. 2d DCA 1962). Two witnesses, the former stage manager and the former technical director of the Dinner Theater, were called by Soth-ern, and over objection of Thunderbird and Aetna permitted to testify as adverse witnesses, although they were…
• Nicholas v. State, 47 So. 3d 297 (Fla. 2d DCA 2010)
  …ve any particular juror or jurors serve. Instead, the defendant is only entitled to a fair and impartial jury. See Lambrix v. Dugger, 529 So. 2d 1110, 1112 (Fla.1988) (citing Piccott v. State, 116 So. 2d 626 (Fla.1959)); see also Bailey v. Deverick, 142 So. 2d 775, 777 (Fla. 2d DCA 1962) (citing Piccott, 116 So. 2d 626, and applying the rule in a civil case). But once the jury has been impanelled, the defendant has a protected interest in having the chosen jury decide his or her case. As the United States Sup…