CHARLES MURRAY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1978-03-16
No. HH-279
MILLS, Acting C. J., and ERVIN and BOOTH, JJ., concur.
356 So. 2d 71 Florida District Court of Appeal, First District (1978) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks review of the judgments and sentences for robbery and attempted robbery. Appellant urges the trial court committed reversible error and abused its discretion by prohibiting appellant from interviewing a member of the jury after the trial.

Following rendition of the verdict, the jury was polled, and each juror indicated that the verdict was his as well as that of the jury as a whole. Appellant sought to interview one juror because during the polling of the jury, this juror began crying. This fact does not constitute a reasonable basis for belief that the verdict of the jury may be subject to a legal challenge. Bullard v. State, 324 So. 2d 652 (Fla. 1 DCA 1975). Therefore, the trial court did not abuse its discretion by prohibiting appellant from interviewing this juror. Therefore, the judgment and sentence are AFFIRMED.

MILLS, Acting C. J., and ERVIN and BOOTH, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Williams v. State, 689 So. 2d 393 (Fla. 3d DCA 1997)
    …497 So. 2d 982, 984 (Fla. 2d DCA 1986)(trial court’s refusal to conduct juror inquiry after defense counsel overheard a juror comment to another juror about the ease not reversible error), review denied, 506 So. 2d 1041 (Fla. 1987); Murray v. State, 356 So. 2d 71, 72 (Fla. 1st DCA 1978)(court did not abuse its discretion in denying interview of juror crying during polling of jury); State v. Grice, 109 N.J. 379, 537 A. 2d 683, 687 (1988)(trial court’s failure to examine or excuse juror who cried during victim…
  • Albertsons, Inc. v. LaTonya R. Johnson, 442 So. 2d 371 (Fla. 2d DCA 1983)
    …may prescribe the place, manner, conditions, and scope of the interview. Before a motion to interview a juror will be granted, there must be a reasonable basis to believe that there are grounds for a legal challenge to the verdict. Murray v. State, 356 So. 2d 71 (Fla. 1st DCA 1978); National Indemnity Co. v. Andrews, 354 So. 2d 454 (Fla. 2d DCA), cert. denied, 359 So. 2d 1210 (Fla.1978). Initially, we fault the defendants for failing to set forth their grounds more specifically in their motion and for fail…
  • Bass v. State, 35 So. 3d 43 (Fla. 1st DCA 2010)
    …ter. Given these circumstances we do not find that the trial court abused its discretion by not questioning a juror who appeared upset where the court instructed the jury on sympathy and monitored the juror throughout the trial. See Murray v. State, 356 So. 2d 71, 72 (Fla. 1st DCA 1978) (finding that where juror cried during the polling of jury, it was not an abuse of discretion for trial court to prohibit defense counsel from interviewing juror after trial); Aragon v. State, 853 So. 2d 584, 589 (Fla. 5th DC…

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