Archie v. State
Florida District Courts of Appeal
Archie v. State, 710 So. 2d 234 (1998)
1998 Fla. App. LEXIS 5598; 1998 WL 251083
Fletcher, McDonald, Schwartz
Archie v. State
Opinion of the Court
Freddie Dee Archie appeals his conviction for aggravated assault, contending that he was improperly denied a peremptory challenge. Our review of the record fails to reveal — and the State is unable to point to— the demonstrations required to be made by the State, as the party opposing the peremptory challenge, that the challenged person is a member of a distinct racial group, and that the peremptory challenge is motivated by that fact. Archie’s peremptory challenge was therefore improperly denied. See Melbourne v. State, 679 So.2d 759 (Fla. 1996); State v. Neil, 457 So.2d 481 (Fla. 1984). Archie’s conviction and sentence are reversed and the case is remanded for a new trial.
Reference
- Full Case Name
- Freddie Dee ARCHIE v. The STATE of Florida
- Cited By
- 3 cases
- Status
- Published