Florida Rule of Criminal Procedure 3.450 - POLLING THE JURY | Syfert Law

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Florida Rule of Criminal Procedure 3.450

RULE 3.450. POLLING THE JURY

On the motion of either the state or the defendant or on its
own motion, the court shall cause the jurors to be asked severally if
the verdict rendered is their verdict. If a juror dissents, the court
must direct that the jury be sent back for further consideration. If
there is no dissent the verdict shall be entered of record and the
jurors discharged. However, no motion to poll the jury shall be
entertained after the jury is discharged or the verdict recorded.

Committee Notes

1968 Adoption. Same as section 919.10, Florida Statutes,
except elimination of polling jury after directed verdict in view of
innovation of “judgment of acquittal.”

1972 Amendment. Same as prior rule.

Cases Citing Rule 3.450

Total Results: 14

In Re Florida Rules of Criminal Procedure

272 So. 2d 65

Supreme Court of Florida | Filed: Jan 29, 1973 | Docket: 1755077

Cited 102 times | Published

concur in it. Committee Note: Same as prior rule. 3.450. POLLING THE JURY. Upon the motion of either

Category: Criminal Procedure

State v. Terry

336 So. 2d 65

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

Cited 30 times | Published

410 Rule 3.420 Rule 3.430 Rule 3.440 Rule 3.450 Rule 3.460 Rule 3.470 Rule 3.490 Rule 3

Category: Criminal Procedure

Simpson v. State

3 So. 3d 1135, 34 Fla. L. Weekly Supp. 199, 2009 Fla. LEXIS 236, 2009 WL 330946

Supreme Court of Florida | Filed: Feb 12, 2009 | Docket: 1652728

Cited 18 times | Published

trial jurors concur in it. Fla. R.Crim. P. 3.440. Rule 3.450, titled "Polling the Jury," provides: On the

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

Statutes. 1972 Amendment. Same as prior rule. RULE 3.450. POLLING THE JURY UpoOn the motion of either

Category: Criminal Procedure

Brutton v. State

632 So. 2d 1080, 1994 WL 51864

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 462728

Cited 6 times | Published

based on the lack of a unanimous verdict. Fla. R.Crim.P. 3.450. It was reversible error to continue with

Category: Criminal Procedure

DOUGLAS BLACKMAN v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 18, 2022 | Docket: 63318833

Published

situation, we conclude the court correctly followed Rule 3.450. 2. The Jury’s Note Stating, “[w]e cannot

Category: Criminal Procedure

STATE OF FLORIDA v. JAMARLIN HUNTLEY

District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084926

Published

3549917 (Fla. June 30, 2020); see also Fla. R. Crim. P. 3.450. at least two inferences in regard to the

Category: Criminal Procedure

Charlaya Joanne Elaine Moore v. State of Florida

District Court of Appeal of Florida | Filed: Aug 23, 2019 | Docket: 16104185

Published

her verdict, which is the only requirement in rule 3.450. See Ferrell v. Jones, 2017 WL 7230428 (N.D.

Category: Criminal Procedure

Woodruff v. State

208 So. 3d 1265, 2017 WL 362550, 2017 Fla. App. LEXIS 719

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 4573203

Published

trial jurors concur in it. 4 . Rule 3.450 provides: On the motion of either the

Category: Criminal Procedure

Marcia Priscilla Rodrigues v. State

142 So. 3d 901, 2014 WL 2957498, 2014 Fla. App. LEXIS 10113

District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 237

Published

properly denied the request. See Fla. R. Crim. P. 3.450 (“[N]o motion to poll the jury shall be

Category: Criminal Procedure

Jackson v. State

804 So. 2d 357, 2001 Fla. App. LEXIS 12511, 2001 WL 1007910

District Court of Appeal of Florida | Filed: Sep 5, 2001 | Docket: 64811543

Published

Once he made this assertion, under Brutton and rule 3.450, the court should have returned the jury for

Category: Criminal Procedure

State v. Brown

678 So. 2d 849, 1996 Fla. App. LEXIS 7990, 1996 WL 425678

District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 64766888

Published

all of the trial jurors concur in it.” Under Rule 3.450, “If a juror dissents, the court must direct

Category: Criminal Procedure

Bouie v. State

540 So. 2d 925, 14 Fla. L. Weekly 853, 1989 Fla. App. LEXIS 1718, 1989 WL 30795

District Court of Appeal of Florida | Filed: Apr 4, 1989 | Docket: 64641383

Published

Whitney v. State, 132 So.2d 599 (Fla.1961); Rule 3.450 Florida Rules of Criminal Procedure. As to the

Category: Criminal Procedure

Cogmon v. State

338 So. 2d 562, 1976 Fla. App. LEXIS 15748

District Court of Appeal of Florida | Filed: Oct 26, 1976 | Docket: 64555561

Published

thereafter did not disavow the repudiation. Fla.R.Crim.P. 3.450 states as follows: “Upon the motion of either

Category: Criminal Procedure