Florida/Georgia Personal Injury & Workers Compensation

...affidavit in support of the State's traverse to the motion for removal of cause. The court overruled the challenge for cause as to both jurors, but the defense peremptorily challenged Davis, who was excused. Carter was sworn and served as a juryman. Section 913.03(11), F.S.A., provides that a challenge for cause may be made to an individual juror on the ground "that the juror was a witness either for the state or the defendant on the preliminary examination or before the grand jury or is to be a witness for either party at the trial." Section 913.03, F.S.A., states that a challenge for cause may be made only on specified grounds and proceeds to list some twelve such grounds....

...177, 185-186; Hardin v. State, 1899, 40 Tex. Cr. 208, 49 S.W. 607, 610; State v. Morse, 1914, 35 S.D. 18, 150 N.W. 293, 296-297; 50 C.J.S. Juries § 209; and 31 Am.Jur., Jury, § 165. We conclude that veniremen Davis and Carter were not witnesses for the State under § 913.03(11), F.S.A., and that on this ground the trial judge was correct in not excusing them. On appeal defendant also contends that venireman Davis should have been excused under § 913.03(10), F.S.A....

...Yes, sir, as far as I am conscious or know I see no reason why I couldn't. "Q. And you feel confident that you could and that you would base your verdict on the sworn testimony that comes to you at the trial? A. Yes, sir. "Q. And you feel you can do that? A. Yes. "Q. And you would do that. A. Yes." Sec. 913.03, F.S.A., states that a challenge for cause may be made only on twelve grounds specified therein. We think the words used by the defense in challenging Mr. Shaw were sufficient to inform the court that the defense was relying upon Sec. 913.03(10), F.S.A., which reads as follows: "That the juror has a state of mind in reference to the cause or to the defendant or to the person alleged to have been injured by the offense charged, or to the person on whose complaint the prosecution wa...

...State, 644 So.2d 987, 989 (Fla.1994) (citing Wainwright v. Witt, 469 U.S. 412, 426, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985)). A potential juror may be excused "for cause" if the juror has a state of mind regarding the case "that will prevent the juror from acting with impartiality." § 913.03(10), Fla....

...to second-guess the juror's stated belief; the juror must be excused. Forcing a defendant to be judged by someone who has stated on oath that he does not believe he can be impartial is fundamentally unfair and violates the sixth amendment. See also § 913.03(10), Fla....

...apprehension as to his fairness.'" Walsingham v. State, 61 Fla. 67, 77, 56 So. 195, 198 (1911) (quoting Glasgow v. Metropolitan Street R. Co., 191 Mo. 347, 356, 89 S.W. 915, 917 (1905)). [2] This requirement is reflected in our statutory law. See §§ 913.03(2), (10), Fla....

...e the prospective juror for cause, counsel used a peremptory challenge to strike her. Appellant's peremptory challenges were subsequently exhausted, and the appellant contends that he was forced to accept a juror whom he believed to be unacceptable. Section 913.03(9), Florida Statutes (1983), states that a juror may be challenged for cause on the ground that "[t]he juror is related by blood or marriage within the third degree to ......

...the attorneys of either party." Other than the juror's abstract statements that the prosecutor looked familiar and "might be a distant relative," appellant has offered no evidence and we can find nothing in the record to indicate that the juror was subject to dismissal for cause under section 913.03(9)....

...After reviewing the responses of juror 407 during voir dire, we conclude that the trial court acted within its discretion in excusing the juror for cause. A potential juror may be excused for cause if the "juror has a state of mind regarding ... the case ... that will prevent the juror from acting with impartiality." § 913.03(10), Fla....

...erations and render his verdict solely upon the evidence presented and the instructions on the law given to him by the court. Singer v. State, supra ; McCullers v. State, 143 So.2d 909 (Fla. 1st DCA 1962), cert. dismissed, 155 So.2d 696 (Fla. 1963); § 913.03(10), Fla....

...United States, 151 U.S. 396, 408, 14 S.Ct. 410, 38 L.Ed. 208 (1894)). Focusing only on criminal trials for purposes of the instant analysis, Florida law provides both cause and peremptory challenges to both sides involved in criminal proceedings. See §§ 913.03; 913.08, Fla. Stat. (2003). Section 913.03 of the Florida Statutes outlines the grounds that support cause challenges....

...m the duties of a juror; the juror having conscientious beliefs that would preclude finding the defendant guilty; and a host of other grounds pertaining to the juror's prior involvement in legal proceedings adverse to, or involving, the accused. See § 913.03(1)-(9), Fla....

...ion or impression regarding the guilt or innocence of the defendant shall not be a sufficient ground for challenge to a juror if he or she declares and the court determines that he or she can render an impartial verdict according to the evidence.... § 913.03(10), Fla....

...Requiring the defendant to show actual bias — the standard applicable to cause challenges — for the forced expenditure of a peremptory challenge renders the separate statutory grant of peremptory challenges totally meaningless. Such a construction also renders superfluous that aspect of section 913.03 which sets forth juror impartiality as grounds for a cause challenge, as the same showing would be required to vindicate the statutory right to exercise a peremptory challenge after a trial court has erroneously caused the loss of a peremptory challenge....

...v. Alabama, 380 U.S. 202, 220, 85 S.Ct. 824, 835, 13 L.Ed.2d 759 (1965). In my opinion, despite its inherently discriminatory nature, the peremptory challenge is an essential tool in the trial lawyer's quest to obtain a fair and impartial jury. *715 Section 913.03, Florida Statutes (1987), lists twelve grounds for a challenge for cause....

...In both instances, juror 29 answered affirmatively. Juror 29 explained that his role as a juror in the judicial system was a matter of integrity for him and that "if this is what the law says, then we have to go by what the law says." Juror 29 never equivocated on his ability to follow the law. Section 913.03(10), Florida Statutes (2005), provides that a juror may be challenged for cause on the ground that "[t]he juror has a state of mind regarding the defendant," but goes on to specifically provide that "the formation of an opinion or impr...

...It is unwarranted for an appellate court to discredit such a prospective juror's statements—which the trial court credited— evidencing that the juror could be fair and impartial. The per curiam opinion's view on this point cannot be reconciled with section 913.03(10)....

...their ability to follow the law. See, e.g., Segura v. State, 921 So.2d 765 (Fla. 3d DCA 2006); Wilkins v. State, 607 So.2d 500 (Fla. 3d DCA 1992); Salazar v. State, 564 So.2d 1245 (Fla. 3d DCA 1990). Finally, with respect to this point, I note that section 913.03 sets forth a list of grounds on which a challenge for cause may be based and provides that such a challenge "may be made only on" one of the specifically enumerated grounds....

...Such a victim (or victim's relative) may, as a result of the prior experience, have "a state of mind regarding the defendant, the case, [or] the person alleged to have been injured by the offense charged ... that will prevent the juror from acting with impartiality." § 913.03(10)....

...There is, however, no basis for establishing an irrefutable presumption that such a state of mind exists and that a for-cause challenge must be granted when such a juror credibly avows an ability and *880 intention to act with impartiality. Such a presumption is not consistent with section 913.03....

...tutes 1941, but. if one of the jurors in this case was in fact a deputy sheriff, (a question in dispute that we are not required to decide) the verdict and judgment are not void. The fact of being a deputy sheriff is a ground of challenge for cause, Section 913.03, Florida Statutes 1941, but if the right to challenge for cause is not exercised before the juror is sworn to try the cause it is lost, Section 913.04, Florida Statutes 1941....

...cause because of her views regarding the death penalty. We have previously explained that [a] potential juror may be excused "for cause" if the juror has a state of mind regarding the case "that will prevent the juror from acting with impartiality." § 913.03(10), Fla....

...The law does not support the majority's reliance on a categorical rule of exclusion for prospective jurors based on a juror's relationship with a murder victim in an unrelated case or a juror's relationship with a law enforcement officer in an unrelated case. See § 913.03(10), Fla....

...No such fundamental constitutional infirmity has been shown here. The practice followed under Florida law, of excluding from capital trial juries not only those prospective jurors whose beliefs would preclude them finding the defendant guilty regardless of the evidence, § 913.03(3), Fla....

...[11] *1091 Such an expansion of the grounds for challenge for cause could be accomplished by an appropriate amendment to the applicable rules of criminal and civil procedure, see Fla.R.Crim.P. 3.300; Fla.R.Civ.P. 1.431(c), or perhaps to the applicable criminal statute, § 913.03, Fla....

...It is, of course, settled that "in the context of Neil it would be incumbent on the prosecutor to give non racial reasons for having challenged the black jurors rather than the white jurors in his effort to make room for the new persons he sought to have join the panel." Kibler v. State, 546 So.2d 710, 714 (Fla. 1989). [10] Section 913.03(10), Florida Statutes (1991), narrowly restricts the usual "bias" ground for a challenge for cause in a criminal case to a juror who "has a state of mind regarding the defendant, the case, the person alleged to have been injured by the...

...State, 229 So.2d 855 (Fla.1969), vacated on other grounds, 408 U.S. 935 , 92 S.Ct. 2857 , 33 L.Ed.2d 751 (1972). Failure to make a timely and proper objection waives the issue. Id.; see also 33 Fla.Jur.2d, Juries Sec. 109 (1982); Fla.Stat.Ann. Sec. 913.03 (1983)....

...posed to or received from the juror." Parker v. State, 641 So.2d 369, 373 (Fla.1994). "A juror must be excused for cause if any reasonable doubt exists as to whether the juror possesses an impartial state of mind." Kopsho, 959 So.2d at 170; see also § 913.03(10), Fla....

...*1081 Because we agree with the defendant that error occurred when the trial court denied his motions to strike three members of the jury panel for cause, as well as when the trial judge denied his request to have the jury instructed on the defense of intoxication, we reverse and remand. Section 913.03, Florida Statutes (1993), sets out the grounds for challenge for cause in a criminal trial....

...Juror Excused Bigham next argues that the trial court improperly allowed the State to excuse a potential juror for cause. A potential *217 juror may be excused "for cause" on a number of grounds, including that the juror has a state of mind regarding the case "that will prevent the juror from acting with impartiality." § 913.03(10), Fla....

...e is proper, and the trial court's determination of juror competency will not be overturned absent manifest error"). Lamarca has failed to establish that the trial court abused its discretion here. While the court did not indicate which provision of section 913.03, Florida Statutes (1997), justified its decision to strike each juror, the court allowed the State and defense counsel the opportunity to object to the dismissals....

...Later Bellet added "[u]nless there were mitigating circumstances that brought this on" and explained that he would want to know all the relevant circumstances before deciding if the death penalty was warranted. [2] By "legally objectionable" I mean objectively biased or partial or otherwise removable for cause. See § 913.03, Fla....

heed the statutory framework established in section 913.03(10), Florida Statutes (2009), which requires

...of murder in the first degree, determined that, although one of the jurors was found to be a deputy sheriff, the verdict and judgment would not be void. Therein the Court said: "The fact of being a deputy sheriff is a ground of challenge for cause, Section 913.03, Florida Statutes 1941, F.S.A., but if the right to challenge for cause is not exercised before the juror is sworn to try the cause it is lost, Section 913.04, Florida Statutes 1941, F.S.A....

...State, 656 So.2d 426, 428 (Fla. 1995); Hill v. State, 477 So.2d 553, 556 (Fla.1985)). A cause challenge should not be granted if the juror declares, and the court determines, that the juror "can render an impartial verdict according to the evidence." § 913.03(10), Florida Statutes (2003)....

...IRE: Yes. MR. CORNELIUS: Would all of you agree with me that if you had to go in and render a decision right now that your verdict would have to be not guilty? THE VENIRE: Absolutely. MR. CORNELIUS: We would tender the jury at this time, Your Honor. Section 913.03, Florida Statutes (1981), provides in pertinent part: A challenge for cause to an individual juror may be made only on the following grounds: * * * * * * (10) The juror has a state of mind regarding the defendant, the case, the person...

...One ground sufficient to sustain a challenge for cause is a juror's "state of mind regarding the defendant [or] the case... that will prevent the juror from acting with impartiality ..." unless "he or she declares and the court determines that he or she can render an impartial verdict according to the evidence." § 913.03(10), Fla....

...It is not unusual that prospective jurors have difficulty with the presumption of innocence. See Waddell v. State, 458 So.2d 1140, 1141-42 (Fla. 5th DCA 1984). The record in this case fails to demonstrate that the juror has a state of mind regarding the case that would have prevented her from acting with impartiality. See § 913.03, Fla....

...The first basis for reversal urged by appellant is the trial court's refusal to excuse two prospective jurors for cause. Both were eventually removed by peremptory challenges and at the time the jury was accepted appellant still had one unused peremptory challenge. The basis for challenges for cause are set forth in Section 913.03(9), Florida Statutes (1979)....

...Accordingly, it is ordered and adjudged that the Petition for Habeas Corpus is hereby denied. NOTES [1] Murphy's first Petition was dismissed by this Court for failure to exhaust state remedies. Order of Dismissal, Murphy v. Wainwright, 72-1392-Civ-CA (December 7, 1972). [2] Florida law provides as follows: § 913.03 Grounds for Challenge to Individual Jurors for Cause 10) The juror has a state of mind regarding the defendant, the case, the person alleged to have been injured by the offense charged, or the person on whose complaint the prosecution was i...

...If the juror declares and the court determines that the juror "can render an impartial verdict according to the evidence," a challenge for cause should not be granted. Guzman v. State, 934 So.2d 11, 2006 WL 335479 (Fla. 3d DCA Feb. 15, 2006) (citing § 913.03(10), Fla....

...ho admitted that his acquaintanceship with police officers would have "a little effect" and that he would give a police officer's testimony a little more respect, but who indicated that he would keep an open mind and follow the court's instructions. § 913.03, Fla....

...clination toward law enforcement work and upholding of the law. In our view the trial judge, who observed the manner and demeanor of the juror, and heard his statements, could properly have determined that no disqualification of the juror was shown. Section 913.03, Florida Statutes....

...uld not cause her to miss some of the evidence, commenting that "it happens." Initially, the State moved to strike Rhoden for cause and Crawford immediately joined in the request. The trial court denied both motions to strike juror Rhoden for cause. Section 913.03, Florida Statutes (2000), provides a list of grounds to challenge individual jurors for cause....

...The defendant alleged that he did not learn about the juror's employment as a deputy sheriff until months after the defendant's conviction. Id. The court denied the defendant's habeas corpus petition. Id. In explaining its decision, the court said: The fact of being a deputy sheriff is a ground of challenge for cause, Section 913.03, Florida Statutes 1941, F.S.A., but if the right to challenge for cause is not exercised before the juror is sworn to try the cause it is lost, Section 913.04, Florida Statutes 1941, F.S.A....

...ere those jurors said that they could base their verdicts solely on the evidence, and no other evidence or statements of the jurors suggests otherwise. See Singer v. State, 109 So.2d 7 (Fla. 1959); Ashley v. State, 370 So.2d 1191 (Fla. 3d DCA 1979); § 913.03(10), Fla....

...If, on the other hand, the juror declares, and the court determines that the juror "can render an impartial verdict according to the evidence," a challenge for cause should not be granted. Dorsey, 931 So.2d at 265 (quoting Guzman v. State, 934 So.2d 11,15 (Fla. 3d DCA 2006) (citing § 913.03(10), Fla....

...The various correctional officers whom appellant challenged serve in related institutional facilities, and in the same general employment capacity, [1] as the alleged victim. Article I, § 16, Fla. Const., provides that: In all criminal prosecutions the accused shall ... have a speedy and public trial by impartial jury.... Section 913.03(10), Florida Statutes, provides that a jury may be challenged "for cause" if possessed of "a state of mind ......

...We conclude, however, that the circumstances of the present case raise both an appearance and a substantial probability of inherent juror bias, in a trial for an alleged offense against a person in the course of employment involving unusual personal risks identical to those shared by the challenged jurors. Pursuant to § 913.03(10), therefore, the challenged correctional officers should have been excused upon challenge for cause....

appellate courts found reversible error. 1 Section 913.03(10), Florida Statutes (2023), “provides that

aggravated assault. Appellant relied upon section 913.03(6), Florida Statutes, which provides for a

speedy and public trial by impartial jury.... Section 913.03, Florida Statutes (1981), provides: A challenge

...1st DCA 1977) (mere fact that juror is acquainted with either attorney in a case is not an automatic basis for disqualification). The potential jurors who knew Appellant and were removed for cause on that ground alone were not subjected to the proper test for dismissal for cause. § 913.03, Fla.Stat.; Waddell v....

impartiality.’ ” Johnson, 969 So. 2d at 946 (quoting § 913.03(10), Fla. Stat. (2006)); accord Ault, 866 So.

...Jury Selection Process During jury selection, “Florida law provides both cause and peremptory challenges to both sides involved in criminal proceedings.” Busby v. State, 894 So. 2d 88, 98 (Fla. 2004) (citing §§ 913.03, 913.08, Fla. Stat. (2003)). “Section 913.03 of the Florida Statutes outlines the grounds to support cause challenges.” Id....

...State , 133 So.3d 473 , 484-85 (Fla. 2013) (citations omitted) (quoting Banks v. State , 46 So.3d 989 , 995 (Fla. 2010) ). In this case, Juror Ray did not assure impartiality; he did not declare that he could "render an impartial verdict according to the evidence." Cf. § 913.03(10), Fla....

...3d 473, 484-85 (Fla. 2013) (citations omitted) (quoting Banks v. State, 46 So. 3d 989, 995 (Fla. 2010)). In this case, Juror Ray did not assure impartiality; he did not declare that he could "render an impartial verdict according to the evidence." Cf. § 913.03(10), Fla....

...State , 133 So.3d 473 , 484-85 (Fla. 2013) (citations omitted) (quoting Banks v. State , 46 So.3d 989 , 995 (Fla. 2010) ). In this case, Juror Ray did not assure impartiality; he did not declare that he could "render an impartial verdict according to the evidence." Cf. § 913.03(10), Fla....

...We affirm all issues raised and address only two. In the first, Denmark asserts reversible error because a juror was allowed to serve who was the father of the deputy sheriff who investigated the incident, filed the complaint against Denmark, and testified against him at trial. Under section 913.03(9), Florida Statutes (1989), 1 Denmark’s counsel could have challenged the juror for cause, yet, after questioning the juror about his impartiality, did not do so....

...The trial court denied this for-cause challenge, determining that the juror’s responses to questions during voir dire did not justify striking the prospective juror 5 for cause. See Fla. R. Crim. P. 3.300(c) and § 913.03, Fla....

...Therefore, a challenge for cause should not be granted by the trial court where it determines the prospective juror “can render an impartial verdict according to the evidence,” such as in a case where a prospective juror’s initial responses may be considered equivocal. Guzman, 934 So.2d at 15 (quoting § 913.03(10), Fla....

...Johnson should have been removed for cause based on the Florida Supreme Court’s decision in Matarranz and that the trial court’s failure to do so requires a new trial. We disagree. Matarranz was not written on a blank slate, nor did it expressly or indirectly overrule years of decisional or statutory law. Section 913.03 of the Florida Statutes, which specifies the grounds for challenging a juror for cause, provides: “A challenge for cause to an individual juror may be made only on the following grounds,” and then lists twelve separate grounds. § 913.03, Fla. Stat. (2013) (emphasis added). Section 913.03(10), the only relevant subsection in the instant appeal, provides that a cause challenge may be made when: (10) The juror has a state of mind regarding the defendant, the case, the person alleged to have been injur...

...10 (emphasis added). Thus, the statutory test for a cause challenge based on bias or prejudice is whether the juror’s state of mind will prevent him or her from serving as a fair and impartial juror, and the case law has applied section 913.03 uniformly for decades. In applying this standard, the Florida Supreme Court has consistently recognized that juror prejudice is a discretionary determination and that the trial court abuses its discretion only where there exists a r...

...o the reasoning of others since they all were privy to the same evidence. We note that Shannon cites no cases in support of its conclusion that a juror who cannot commit to withstand the reasoning of other jurors is subject to a challenge for cause. Section 913.03, Florida Statutes (1999) identifies twelve grounds for a challenge for cause....

...“Consequently, a failure to ensure that our jury panels are comprised of only fair and impartial members renders suspect any verdict reached.” Id. at 477. A potential juror may be challenged for cause if “[t]he juror has a state of mind . . . that will prevent the juror from acting with impartiality.” § 913.03(10), Fla....

...would speak more credibly and honestly than an adult”), a reasonable doubt exists that Prospective Juror could render an impartial verdict against Salomon 5 because he would have given more credibility to the child Victim than the adult defendant. See Matarranz, 133 So. 3d at 484; § 913.03(10), Fla. Stat....

...An alternate juror was selected, and the jury, including Mr. Weber, was sworn in chief and the case tried. Following his conviction, defendant instituted this appeal. While our review of the voir dire in this case raises some doubt as to the ability of Mr. Weber to render an impartial verdict, see Section 913.03(10), Florida Statutes (1979), whether or not the trial court erred in denying defense counsel’s challenge for cause of Mr....

...t’s counsel would have done during voir dire had the litigation history [of the jurors] been disclosed”). Relevance and materiality must be gauged in the context of a party’s deciding whether to challenge a juror who failed to make disclosure. Section 913.03 provides the grounds for a challenge for cause, including that “[t]he juror has a state of mind regarding the defendant ... that will prevent the juror from acting with impartiality.” § 913.03(10), Fla....

...When presented with a challenge for cause to a prospective juror, a trial court must consider "if there is basis for any reasonable doubt" concerning that prospective juror's ability "to render an impartial verdict based solely on the evidence." Id. (quoting Singer, 109 So. 2d at 23); see also § 913.03(10), Fla....

...ions about police work with her boy friend or brother-in-law. The trial was completed the same day as the jurors were impaneled. • The challenge for cause to the individual juror by Hunt does not come within or meet the grounds for challenge under § 913.03, Fla.Stat....