Albury v. State
Cases that cite this one
2 later published cases cite this decision.
- Johnson v. State (Fla. Dist. Ct. App. 1992)
- Albury v. State (Fla. Dist. Ct. App. 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
ON CONFESSION OF ERROR
To justify the exercise of a peremptory challenge, which led to the dismissal of the first of only two remaining African-American members of a panel of prospective jurors, the prosecutor explained that the juror was from a “lower socioeconomic background” (her father, allegedly, was a taxi driver). No explanation, at all, was given to explain the dismissal of a second black venireperson. The trial judge overruled the defendant’s objections, swore the panel, and proceeded to trial. The defendant was convicted.
As the attorney general properly concedes — on the authority of State v. Slappy, 522 So.2d 18 (Fla.), cert. denied, - U.S. -, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988) —reversal is required. There was not a sufficient showing by the State to rebut the inference of discrimination in selecting jurors.
Reversed and remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.