Fernandez v. State
Fernandez v. State
Opinion of the Court
Manuel Fernandez appeals his convictions of first-degree murder and burglary of an occupied dwelling. Because of errors in the jury selection process, we reverse and remand for a new trial.
During jury selection, the State used its first peremptory challenge to strike an African-American prospective juror. Ultimately a twelve-member panel which included two other African-Americans (Shiffrin and Lewis) was tendered. Before the jury was sworn, however, the prosecutor peremptorily challenged first Shiffrin and then Lewis. Immediately after the striking of Lewis, defense counsel alleged the systematic removal of African-American jurors by the State, and requested a Neil
We conclude that the trial court erred when it overruled as untimely defense counsel’s objection to the striking of Shiffrin. An objection to the discriminatory use of peremptory challenges raised during the voir dire or selection process is timely if made at any time before the jury is sworn. Blackshear v. State, 521 So.2d 1083 (Fla. 1988); Murphy v. State, 708 So.2d 612 (Fla. 1st DCA 1998); Williams v. State, 551 So.2d 492 (Fla. 1st DCA 1989), rev. denied 560 So.2d 235 (Fla. 1990). There is no requirement that an objection be made immediately after each juror is challenged. Here, defense counsel objected to the State’s challenges after the State requested the removal of the third African-American on the panel (Lewis) and it appeared to him that a pattern of discrimination had been established.
We also find that the trial court should not have accepted the prosecutor’s stated reason for striking Shiffrin, which
For the reasons stated, we reverse the convictions and remand for a new trial.
. State v. Neil, 457 So.2d 481 (Fla. 1984).
Reference
- Full Case Name
- Manuel FERNANDEZ v. The STATE of Florida
- Cited By
- 3 cases
- Status
- Published