LADONNA FLORENCE
v.
STATE
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A trial court does not abuse its discretion in sustaining a peremptory strike based on a prospective juror's unfriendly or hostile tone during voir dire, as such demeanor constitutes a facially race-neutral reason.
[1] A trial court's rulings on the propriety of peremptory challenges are reviewed under the abuse of discretion standard.
[2] A juror's unfriendly or hostile tone while answering questions during voir dire constitutes a facially race-neutral reason for exercising a peremptory strike.
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Join FLexlaw to unlock all legal intelligenceLadonna Florence appealed a conviction decision from the Miami-Dade Circuit Court. The appeal involves challenges to the trial court's rulings on pere…
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PER CURIAM.
Affirmed. See Siegel v. State, 68 So. 3d 281, 286 (Fla. 4th DCA 2011) (“A trial court’s rulings on the propriety of peremptory challenges are reviewed under the abuse of discretion standard.”); Washington v. State, 773 So. 2d 1202, 1204 (Fla. 3d DCA 2000) (recognizing that “a juror’s unfriendly or hostile tone while answering questions” is a facially race neutral reason for the exercise of a peremptory strike because it is not based on race); see also Infantes v. State, 941 So. 2d 432, 434 (Fla. 3d DCA 2006) (concluding the trial court did not abuse its discretion in permitting the State to pose unrelated hypothetical scenarios to the prospective jurors to determine whether the prospective jurors could correctly apply the law).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Siegel v. State, 68 So. 3d 281 (Fla. 4th DCA 2011)
- Washington v. State, 773 So. 2d 1202 (Fla. 3d DCA 2000)
- Infantes v. State, 941 So. 2d 432 (Fla. 3d DCA 2006)