ORION P. LIKENS
v.
STATE OF FLORIDA
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The Florida Supreme Court affirmed a judgment, holding that a juror was not disqualified despite a pending criminal prosecution against him that had been transferred to the absentee docket. The court found the trial court's ruling that the prosecution was no longer pending was correct and any error was harmless.
No, the juror was not disqualified. The trial court correctly ruled that a prosecution transferred to the absentee docket is no longer considered pending without an affirmative act by the state to revive it.
“In this case the question is presented whether one of the jurors was disqualified or subject to challenge because there was a criminal prosecution pending against him.”
States the central legal question of the appeal.
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Join FLexlaw to unlock all legal intelligenceDuring jury selection, a juror stated no criminal prosecution was pending against him. However, a prosecution had been initiated years prior and was t…
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In this case the question is presented whether one of the jurors was disqualified or subject to challenge because there was a criminal prosecution pending against him. The juror answered that there was no criminal prosecution pending against him. The question was raised on motion for a new trial and it appears from the record that several years prior a prosecution was pending against the juror and the case was transferred to the absentee docket where it remained at the time of this trial. The trial court held that after the case was transferred to the absentee docket, then the prosecution was no longer pending; that only an affirmative act by the state would revive the prosecution. We find this ruling free of error.
We might add also that the verdict was not void and the error, if any, was harmless under Sec. 54.26, Fla. Stat. 1941.
All other questions have been duly considered and finding them without merit the judgment is affirmed.
BUFORD, C. J., TERRELL and CHAPMAN, JJ., concur.
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Miller v. Allstate Ins. Co., 573 So. 2d 24 (Fla. 3d DCA 1990)…es cannot be established within a [*28] reasonable degree of certainty. Restatement (Second) of Contracts § 352 (1981); Restatement (Second) of Torts § 912 (1982); McCall v. Sherbill, 68 So. 2d 362 (Fla.1953); Farrington v. Richardson, 153 Fla. 907, 16 So. 2d 158 (1944). The sometimes harsh results of the application of the rule of certainty, referred to as the “all-or-nothing” approach, has led courts and scholars to criticize the rule and carve out exceptions and modifying doctrines.4 See generally C. McCo…
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Everett v. State, 97 So. 2d 241 (Fla. 1957)…at Corbin was under prosecution as contemplated by Section 40.07, Florida Statutes, F.S.A., at the time he qualified and sat as a juror in the case at bar, since the prosecution against him had been dropped! for almost twenty years. Likens v. State, 153 Fla. 887, 16 So. 2d 158; Ex parte Sullivan, 155 Fla. 111, 19 So. 2d 611. Questions XI and XII charge that the trial court committed error in refusing a new trial on the ground (1) that the verdict was contrary to the weight of the evidence; (2) the juror He…
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Hampton v. State, 103 So. 3d 98 (Fla. 2012)…tion” where his conviction for grand larceny was reversed on appeal, and where his case, although still subject to prosecution, was not on any active court docket for a number of years, and no further steps had been taken in cause); Likens v. State, 153 Fla. 887, 16 So. 2d 158 (1944) (concluding criminal prosecution was not “pending” against juror where once-active prosecution was transferred to absentee docket, and where only affirmative act by the state would revive prosecution). Based on the foregoing,…
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