Reppert v. State
Reppert v. State
Opinion of the Court
Adam Lee Reppert seeks review of his conviction and sentence for fleeing and eluding a law enforcement officer at high speed, raising two grounds for reversal. We affirm on both grounds, but we write to explain our reasoning on one of the grounds.
On the first day of Reppert’s trial, early in jury selection, the court explained the presumption of innocence to the venire and asked whether any of the prospective ju
Despite the court’s explanations, Rep-pert moved to strike the venire, arguing that the prospective juror’s comment had insinuated that Reppert had a criminal record. The trial court denied this motion but cautioned counsel for both Reppert and the State to avoid asking further questions of this prospective juror. Despite the remainder of voir dire being uneventful, Reppert renewed his motion to strike the venire on the same basis at the close of jury selection and again before the jury panel was sworn. The trial court denied these renewed motions. In this appeal, Reppert contends that the trial court’s refusal to strike the entire venire was error.
Contrary to Reppert’s claim of trial court “error,” the question before this court is whether the trial court abused its discretion in refusing to strike the venire based on this prospective juror’s comment.
“The decision whether to dismiss any or all jurors lies in the sound discretion of the trial judge.” United States v. Jones, 696 F.2d 479, 492 (7th Cir. 1982). “It is within the discretion of the trial court to determine whether remarks made by veniremen during the examination of the panel are prejudicial; and the trial court’s decision not to quash the panel will not be disturbed absent an abuse of that discretion.” State v. Davis, 806 S.W.2d 441, 443 (Mo.Ct.App. 1991).
Bauta v. State, 698 So.2d 860, 861-62 (Fla. 3d DCA 1997). When a prospective juror comments on a defendant’s criminal history and expresses some knowledge of the defendant himself, it is an abuse of discretion not to strike the venire. See, e.g., Richardson v. State, 666 So.2d 223, 224 (Fla. 2d DCA 1995); Wilding v. State, 427 So.2d 1069, 1069 (Fla. 2d DCA 1983). However, when a prospective juror simply expresses a personal opinion of the criminal justice system, that opinion, without more, is usually insufficient to taint the remainder of the venire. See Hayes v. State, 954 So.2d 1265, 1266 (Fla. 5th DCA 2007); see also Brower v. State, 727 So.2d 1026, 1027 (Fla. 4th DCA 1999) (noting that prospective jurors “are frequently exposed ... to innumerable comments, attitudes, and points of view” and that improper remarks made by prospective jurors that were not directed at the defendant were insufficient to warrant striking the venire). The presumption that the venire members can abide by their oath does not disappear simply because one prospective juror expresses a provocative opinion for an ulterior purpose.
In this case, the prospective juror’s comment could not be construed as imparting any knowledge of Reppert’s past criminal activities. Instead, the comment expressed only the prospective juror’s personal belief that individuals facing a crimi
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.