SOFTEL, INC.

v.

DRAGON MEDICAL & SCIENTIFIC COMMUNICATIONS, INC., ET AL.

Citator

Cited By

• Akeem Muhammad v. State, 782 So. 2d 343 (Fla. 2001)
  …ejudice and render a verdict solely on the evidence [*354] presented and the instructions on the law given by the court.” Smith v. State, 699 So. 2d 629, 635 (Fla.1997), cert. denied, 523 U.S. 1008, 118 S.Ct. 1194, 140 L.Ed.2d 323, and cert. denied, 523 U.S. 1020, 118 S.Ct. 1300, 140 L.Ed.2d 466 (1998). We acknowledge that this Court has found it reversible error for a trial court to excuse a juror for cause where the juror, while having reservations about the death penalty, clearly states that he or she ca…
• Kearse v. State, 770 So. 2d 1119 (Fla. 2000)
  …o see the jurors’ voir dire responses and make observations which simply cannot be discerned from an appellate record.” Smith v. State, 699 So. 2d 629, 635-36 (Fla.1997), cert. denied, 523 U.S. 1008, 118 S.Ct. 1194, 140 L.Ed.2d 323 and cert. denied, 523 U.S. 1020, 118 S.Ct. 1300, 140 L.Ed.2d 466 (1998); see also Taylor v. State, 638 So. 2d 30, 32 (Fla. 1994). It is the trial court’s duty to determine whether a challenge for cause is proper. See Smith, 699 So. 2d at 636. The trial court’s finding that Juror…
• Young v. State, 744 So. 2d 1077 (Fla. 4th DCA 1999)
  …n the “genuineness” of a peremptory challenge “will be affirmed on appeal unless clearly erroneous.” Id. at 764-65; Smith v. State, 699 So. 2d 629, 636-37 (Fla.1997), cert. denied, 523 U.S. 1008, 118 S.Ct. 1194, 140 L.Ed.2d 323 (1998); cert. denied, 523 U.S. 1020, 118 S.Ct. 1300, 140 L.Edüd 466 (1998). As the supreme court wrote in Reed v. State, 560 So. 2d 203, 206 (Fla.1990), in applying the law on peremptory challenges, “we must necessarily rely on the inherent fairness and color blindness of our trial ju…