The Florida Jury Selection Blog 
The Cure For The Common Voir Dire
Post Frequency: 0.1/day Last Entry: May 14, 2009 at 13:00:42 Recent Entries: 34
By Robert W. Kelley, Esq.
Go to The Florida Jury Selection Blog, find other Litigation blogs, or browse all law blogs.
“Hearing About” Murder Case Not Enough for Cause Challenge
Posted on May 14, 2009Yesterday the Fourth District Court of Appeal upheld the trial court’s denial of a challenge for cause directed at a potential juror in a case involving murder-for-hire. In Samuels v. State, __ So. 2d __ (Fla 4th DCA, May 13, 2009), the Court reaffirmed the longstanding rule that if there is any reasonable doubt about [...
Maximizing The Power of Peremptory Strikes
Posted on April 20, 2009The law concerning the use of peremptory challenges in jury selection has been changing in recent years. There is a vast difference between Florida law and Federal law in this area. While “Cause is Still King,” the effective use of peremptory challenges can make or break the outcome of a trial...
SCOTUS Upholds Verdict of Improper Foreperson
Posted on April 15, 2009Late last month the United States Supreme Court upheld the murder conviction of a man, Michael Rivera, who was convicted by a jury whose foreperson, Deloris Gomez, was improperly allowed to sit on the jury. Rivera v. Illinois, 556 U.S. __ (2009). During jury selection, Rivera’s attorney properly attempted to use one of his peremptory [...
A Wolf in Sheep’s Clothing
Posted on September 17, 2008During jury selection in a car accident trial, the defense attorney (who had been hired by an insurance company to defend the case), told the jury panel: “I’m a consumer justice attorney, and I represent John Hooks, a merchant marine, not some fancy company, not some conglomerate...
Prospective Juror Not “Under Prosecution.”
Posted on June 23, 2008On the day the jury was sworn - after a week of voir dire - a prospective juror got a traffic ticket. The ticket was for the “crime” of knowingly driving on a suspended license, a second-degree misdemeanor. No one in the courtroom on that day asked her about it...
“Conflicting Views” Raise a Reasonable Doubt
Posted on June 18, 2008Today the Fourth District Court of Appeal reversed a criminal conviction because the trial judge failed to strike for cause a juror who “held conflicting views” on the presumption of innocence. Initially, during jury selection the juror stated “he’s guilty until proven innocent,” but later said “I think it was a misunderstanding earlier…,” and then went on to [...
Update on Juror Pay
Posted on April 02, 2008The section of The Florida Jury Selection blog dealing with juror pay has been updated thanks to the work of my brilliant law clerk, Kristin Bianculli. One of the most common concerns of potential jurors during voir dire is whether they will get paid while they are serving on a jury...
U.S. Supreme Court and Racially Discriminatory Strikes
Posted on March 20, 2008The Supreme Court of the United States reversed a brutal murder conviction yesterday concluding that the prosecutor’s peremptory strike of a black college student appeared to be racially discriminatory. In Snyder v. Louisiana, 552 U.S. __ (2008) the Court held, in a 7 - 2 decision written by Justice Samuel Alito, that the trial court committed clear [...
Ban on Using Nationality to Exclude Jurors is Upheld
Posted on March 05, 2008This Wednesday’s New York Times reports that a federal district court judge has concluded that allowing American-born blacks on a Bronx jury but systematically excluding West Indian-born blacks from the jury is discriminatory. Federal Judge William H...
Whitby Walks
Posted on February 19, 2008Edgar Sylvester Whitby was prosecuted for permanently disfiguring his victim by throwing hot water on her. He was convicted of aggravated battery “by a clearly impartial jury” in an “otherwise error free” trial. But Edgar is a free man today, and the Supreme Court of Florida just turned down the State’s appeal of this case...
“Prudent Probing” During Jury Selection
Posted on February 12, 2008A $900,000 plaintiff’s verdict in a rear-end collision case was reinstated last Friday by the Fifth District Court of Appeal even though two jurors had failed to disclose in voir dire that they had been injured and received medical treatment as a result of prior car accidents...
Cause Challenges for Caps On Damages and Rising Insurance Rates
Posted on January 26, 2008This week, in Rodriguez v. Lagomasino, the Third District Court of Appeal reversed a defense verdict in an auto accident case because the trial judge failed to strike two questionable jurors for cause. During voir dire, prospective Juror Gutierrez said he would not favor either side and would be “in the middle,” but he had also said his wife had been in an auto accident and his insurance company was going double his rates...
Harris Releases Poll on Jury Duty
Posted on January 22, 2008The Harris Corporation released a poll on jury duty yesterday. Harris Poll on Jury Duty. The poll contains some interesting findings on who is most likely to show up for jury duty and actually end up serving on a jury. It also shows that Americans, by a factor of 2 to 1, would trust a jury more than a judge to arrive at a fair verdict in a case...
“A Clear, Direct Question”
Posted on January 17, 2008A jury in Miami awarded $3.9 million to the mother of a young woman who was killed by a drunk driver. After the verdict, the State Farm defense attorneys found out for the first time that the jury foreman’s father had been an alcoholic. They asked for a new trial alleging that the foreman had concealed this important information from them during jury selection...
Voir Dire and Comparative Fault
Posted on November 19, 2007Last week, in Algie v. Lennar Corp., the 4th District Court of Appeal reversed a defense verdict in a slip and fall case. A juror had told the lawyers during jury selection that although he wouldn’t have any problem “serving fairly” if chosen, he believed that in every slip and fall case the person who slips and falls is at least partially responsible...
MMP Defense Verdict Thrown Out Due To Juror Concealment
Posted on November 02, 2007A defense verdict in a medical malpractice case was set aside due to a juror’s failure to disclose nine prior civil lawsuits and a criminal case in response to a written jury questionnaire. Dr. Sohail Delfani, shown smiling in this picture, is probably not very happy with his lawyers who apparently failed to do a proper background check on the venire panel during jury selection in his case...
New Rules Governing Jurors in Jury Trials
Posted on October 30, 2007Earlier this month, the Supreme Court of Florida adopted several new rules and jury instructions that pertain to juries during jury trials in Florida. In Re: Amendments to Rules (Fla 2007). These new rules, which become effective on January 1, 2008, codify and expand some of the rights afforded to jurors in the “Juror’s Bill of Rights” passed by the Florida legislature in 1999...
Erin - The Blogging Juror
Posted on October 07, 2007Meet Erin - the blogging juror. Right now she is serving on a jury somewhere. Or at least she was last Tuesday and Wednesday. Erin has a blog, and she posted her thoughts about jury duty on her blog last week while she was on the jury: “yeah somebody actually put me on a jury...
Juror Doubting Own Ability = An Easy Strike
Posted on September 14, 2007During jury selection a potential juror stated she ?did not think she could focus on the trial.? Both sides agreed she should be stricken for cause. But the trial judge refused to strike her, and she ended up on the jury. (This alone would probably have resulted in a quick reversal of any verdict)...
Whose Prejudice Is This Anyway?
Posted on August 24, 2007The Fourth District Court of Appeal reversed a breach of contract case for failure to excuse a Juror Green for cause who said she had a “bad taste” from having been sued in the past which would “probably” cause her to view the case with prejudice one way or another...
Renew All Objections Before Jury is Sworn
Posted on August 13, 2007Last 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...
Bloomberg Passed Up In P.I. Case
Posted on August 09, 2007New York Billionaire Mayor Michael Bloomberg returned to court for a second day of jury duty Tuesday, but was dismissed after attorneys passed him up while choosing a panel to hear a personal injury case. Bloomberg started his day in a courtroom with about 35 other prospective jurors...
Birthday Celebrations Do Not Trump Jury Duty
Posted on August 02, 2007That’s what Rhovan Curtis, of Coconut Creek, learned after reporting to state court in Fort Lauderdale on July 23, his 20th birthday. When Judge Joel Lazarus told the pool of potential jurors to return after lunch, Curtis asked if he could be excused...
Supreme Court Approves Paraphrasing of Standard Jury Instruction during Voir Dire
Posted on July 23, 2007During jury selection in a first degree murder case, the prosecutor paraphrased the standard jury instruction on premeditation, and made certain statements regarding the presumption of innocence. The Supreme Court held it was not error to do so because the prosecutor’s comments were “largely identical to the standard jury instruction,” and, at the conclusion of the case, the jury was correctly instructed on both the presumption of innocence and premeditation...
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Can collection agency call me for my mother debt that she never had?
Get an Attorney - quickly. Do not talk to the collection people. Do not tell the...
Can I legally stop my kids grandmother from harassing me?
Hello and thank you for your question.
You need to file for a Civil Harass...
How to get compensated for or compel redmiation iwhen government action renders private land useless?
It may be possible for you to demonstration that the county's action constitutes...
I myself live in chicago and i believe me grandmother and father have left me property in flordia but i belive my father is trying to hide it from me. i was wondering if anybody knows how i can get a copy of both of ther
public records or hire and attorney and have the documents subponead...
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What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Can collection agency call me for my mother debt that she never had?
Get an Attorney - quickly. Do not talk to the collection people. Do not tell the...
Can I legally stop my kids grandmother from harassing me?
Hello and thank you for your question.
You need to file for a Civil Harass...
How to get compensated for or compel redmiation iwhen government action renders private land useless?
It may be possible for you to demonstration that the county's action constitutes...
I myself live in chicago and i believe me grandmother and father have left me property in flordia but i belive my father is trying to hide it from me. i was wondering if anybody knows how i can get a copy of both of ther
public records or hire and attorney and have the documents subponead...
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