Litigation

Renew All Objections Before Jury is Sworn

By Robert W. Kelley, Esq.

Last week the 4th DCA summarily dispensed with an appeal regarding a Neil challenge due to counsel’s failure to renew his objection before the jury was sworn. In Pozo v. State, __ So2d __ (Fla 4th DCA - August 8, 2007) the Defendant objected during jury selection to the State’s striking of a Hispanic juror. However, he failed to renew his objection before the jury was sworn. The Court held that the potential error was therefore not preserved for appeal. Earlier this year, in Glinton v. State, 32 FLW D1012a (Fla 4th DCA 2007), the same Court held that any error in the striking of two black jurors during voir dire was not preserved for appeal when counsel “accepted” the jury and did not renew his objections before the jury was sworn. Obviously, in light of these two opinions, Counsel is well advised never to “accept” a jury and also to renew all objections made during the course of jury selection before the jury is sworn.

Full post as published by The Florida Jury Selection Blog on August 13, 2007 (boomark / email).