BURKE ET AL.

v.

UNITED STATES

Citator

Cited By (15 total)

• Wardell Farris Brown v. State, 613 So. 2d 558 (Fla. 2d DCA 1993)
  …lowing talesmen to be selected in this way has been repealed, there is no indication that appellant timely objected. Any objection should have been made prior to the time the jury was seated. Porter v. State, 160 So. 2d 104 (Fla.1963), cert. denied, 379 U.S. 849, 85 S.Ct. 90, 13 L.Ed.2d 52 (1964). Here, after the court had recruited the three jurors from the clerk’s office, instead of objecting, appellant’s counsel participated in voir dire by asking questions of the three prospective jurors. Appellant did…
• Valentin Hernandez v. State, 397 So. 2d 435 (Fla. 3d DCA 1981)
  …, because the defendant: (a) has not made a showing that there has been a “singling out” under the first requirement; and (b) has completely failed to establish the latter two criteria. See also, Porter v. State, 160 So. 2d 104 (Fla.), cert. denied, 379 U.S. 849, 85 S.Ct. 90, 13 L.Ed.2d 52 (1964). Moreover, defendant’s reliance on estimates to “establish” the scientific underpinning necessary to support a showing, made the analysis of the grand jury list nothing more than sheer speculation. Having failed to…
• Garcia v. State, 638 So. 2d 94 (Fla. 3d DCA 1994)
  …ase of a sixth amendment violation involves showing a statistical disparity); Porter v. State, 160 So. 2d 104, 107 (Fla.1963) (burden of proof of showing discriminatory exclusion from jury service is upon party challenging the system), cert. denied, 379 U.S. 849, 85 S.Ct. 90, 13 L.Ed.2d 52 (1964). In this case, the trial court was not presented with data upon which it could properly base a ruling in favor of the defendant. Cf. Spencer, 545 So. 2d at 1354 (accuracy of statistical data was not questioned).…