Florida Rule of Criminal Procedure 3.270 - NUMBER OF JURORS | Syfert Law

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Florida Rule of Criminal Procedure 3.270

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RULE 3.270. NUMBER OF JURORS
Twelve persons shall constitute a jury to try all capital cases,
and 6 persons shall constitute a jury to try all other criminal cases.

Committee Notes

1968 Adoption. Except for substituting the word “persons” for
“men,” the suggested rule is a transcription of section 913.10,
Florida Statutes. The standing committee on Florida court rules
raised the question as to whether this rule is procedural or
substantive and directed the subcommittee to call this fact to the
attention of the Supreme Court.

1972 Amendment. Same as prior rule.

Cases Citing Rule 3.270

Total Results: 22

Donaldson v. Sack

265 So. 2d 499

Supreme Court of Florida | Filed: Jul 17, 1972 | Docket: 1724271

Cited 60 times | Published

upon "capital offenses," such as Criminal Court Rule 3.270, 33 F.S.A. requiring twelve persons to constitute

Category: Criminal Procedure

Adaway v. State

902 So. 2d 746, 2005 WL 609677

Supreme Court of Florida | Filed: Mar 17, 2005 | Docket: 1257079

Cited 39 times | Published

unless waived by the defendant. Amendment of rule 3.270 would be necessary because this Court has previously

Category: Criminal Procedure

State v. Terry

336 So. 2d 65

Supreme Court of Florida | Filed: Apr 22, 1976 | Docket: 2521736

Cited 30 times | Published

3.220 Rule 3.230 Rule 3.240 Rule 3.250 Rule 3.270 Rule 3.280 Rule 3.290 Rule 3.300 Rule

Category: Criminal Procedure

Nova v. State

439 So. 2d 255

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 2517858

Cited 15 times | Published

law to try all capital cases is twelve. Fla.R. Crim.P. 3.270. In Cotton v. State, 85 Fla. 197, 95 So

Category: Criminal Procedure

Palazzolo v. State

754 So. 2d 731, 2000 WL 201790

District Court of Appeal of Florida | Filed: Jan 12, 2000 | Docket: 430885

Cited 12 times | Published

penalty. See § 913.10, Fla. Stat. (1997); Fla. R.Crim. P. 3.270. [3] The standard instruction is not well

Category: Criminal Procedure

Gonzalez v. State

982 So. 2d 77, 2008 WL 1883981

District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1205815

Cited 9 times | Published

try all other criminal cases." See also Fla. R.Crim. P. 3.270 (stating the identical premise). The Florida

Category: Criminal Procedure

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

the trial judge and that no rule is required. RULE 3.270. NUMBER OF JURORS Twelve persons shall constitute

Category: Criminal Procedure

Cooper v. State

453 So. 2d 67

District Court of Appeal of Florida | Filed: Mar 2, 1984 | Docket: 1651235

Cited 8 times | Published

Section 913.10, Florida Statutes (1981), and Fla.R.Crim.P. 3.270 provide for a jury of 12 persons in all "capital

Category: Criminal Procedure

Ulloa v. State

486 So. 2d 1373, 11 Fla. L. Weekly 883

District Court of Appeal of Florida | Filed: Apr 15, 1986 | Docket: 1406880

Cited 7 times | Published

for example, the twelve-person jury, see Fla.R.Crim.P. 3.270; the right to ten peremptory challenges,

Category: Criminal Procedure

Jones v. State

452 So. 2d 643

District Court of Appeal of Florida | Filed: Jun 27, 1984 | Docket: 665498

Cited 6 times | Published

law to try all capital cases is twelve. Fla.R.Crim.P. 3.270. In Cotton v. State, 85 Fla. 197, 95 So.

Category: Criminal Procedure

Hall v. State

853 So. 2d 546, 2003 WL 22023448

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1660245

Cited 3 times | Published

cases...." § 913.10, Fla. Stat. (1991); Fla. R.Crim. P. 3.270 (same). "A `capital case' is a case in which

Category: Criminal Procedure

Jimenez v. State

167 So. 3d 497, 2015 Fla. App. LEXIS 9225, 2015 WL 3759586

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2665797

Cited 2 times | Published

jury to try all other criminal cases.”); Fla. R.Crim. P. 3.270 (providing same). 1 Jimenez was

Category: Criminal Procedure

Walling v. State

105 So. 3d 660, 2013 WL 335929, 2013 Fla. App. LEXIS 1384

District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60227958

Cited 2 times | Published

defining ‘capital’ under [section 913.10] and rule [3.270, Fla. R.Crim. P.] we hold that a capital case

Category: Criminal Procedure

State v. Bell

372 So. 2d 445

Supreme Court of Florida | Filed: Jun 14, 1979 | Docket: 1325271

Cited 2 times | Published

offenses" such as Florida Criminal Procedure Rule 3.270, requiring twelve persons to constitute a jury

Category: Criminal Procedure

Rodgers v. State

338 So. 2d 1121

District Court of Appeal of Florida | Filed: Oct 29, 1976 | Docket: 455380

Cited 2 times | Published

fixed by law." Sec. 913.10, Florida Statutes, and Rule 3.270, Florida Rules of Criminal Procedure, provide

Category: Criminal Procedure

Smith v. State

857 So. 2d 268, 2003 Fla. App. LEXIS 13891, 2003 WL 22103329

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 64825868

Cited 1 times | Published

capital cases.... ” This language is repeated in Rule 3.270 of the Florida Rules of Criminal Procedure. The

Category: Criminal Procedure

SERRANO-DELGADO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 68448526

Published

" § 913.10, Fla. Stat. (2020); see also Fla. R. Crim. P. 3.270 (providing same). In Williams v.

Category: Criminal Procedure

WILLIE JAMES SIMPSON vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 4, 2023 | Docket: 68034370

Published

cases.” § 913.10, Fla. Stat.; see also Fla. R. Crim. P. 3.270. It is frivolous to suggest that what is

Category: Criminal Procedure

State v. Jones

209 So. 3d 6

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 4118413

Published

twelve-member, “death-qualified” jury. Fla. R. Crim. P. 3.270; see generally Lockhart v. McCree

Category: Criminal Procedure

Jimenez v. State

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2667777

Published

4 cases.”); Fla. R. Crim. P. 3.270 (providing same).1 Jimenez was not denied

Category: Criminal Procedure

Smart v. State

695 So. 2d 448, 1997 Fla. App. LEXIS 6169, 1997 WL 291323

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 64774212

Published

10, Florida Statutes, is restated verbatim in rule 3.270 of the Florida Rules of Criminal Procedure.

Category: Criminal Procedure

Nova v. State

439 So. 2d 255, 1983 Fla. App. LEXIS 24573

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 64600189

Published

law to try all capital cases is twelve. Fla.R.Crim.P. 3.270. In Cotton v. State, 85 Fla. 197, 95 So.

Category: Criminal Procedure