An interesting jury selection decision here in Florida was published yesterday in: ERNEST LARON BLAKE, Appellant, v. STATE OF FLORIDA, Appellee. 1st District. Case No. 1D12-1385. Opinion filed April 8, 2013.
The Court there held that it was an error to grant, over defendant's objection, state's challenge for
cause as to prospective juror who indicated that he was engaged to a
public defender in a different circuit where, although juror
acknowledged that fiancee talked to him about the types of cases she
worked on, juror indicated he would have no problem finding a person
guilty if the evidence supported such a result.
The Court further held that the error not harmless,
although state still had an unused peremptory challenge that could have
been used to strike this juror.
From a procedural standpoint, it is important to object not only at time of striking, but also before the panel is sworn in as a whole in order to preserve the objection for appeal (as this lawyer did here). As a result of this attorney's diligence the instant conviction was overturned on appeal. and remanded for a new trial.
Should you be in need of an attorney or be representing yourself pro se, remember that jury selection may be better conducted by a competent criminal defense attorney.
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