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: The Florida Jury Selection BlogMaximizing The Power of Peremptory Strikes
By Robert W. Kelley, Esq.
The law concerning the use of pe
remptory 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. As Justice Adkins wrote in the seminal case of Ter Keurst v. Miami Elevator Company, 486 So. 2d 547 (Fla. 1986), “In the trial of a case the jury selection and voir dire examination are just as critical to the outcome as the presentation of evidence….The change of a single juror in the composition of the jury could change the result.”
The annual jury selection seminar of the Florida Justice Association will be held this Thursday and Friday in West Palm Beach and Tampa. I will be speaking alongside the legendary down-home jury picker Keith Mitnik and the remarkably insightful jury consultant Jay Burke on both dates. Keith and Jay will focus on the effective use of cause challenges during voir dire, but my talk this year will focus on how to maximize the power of your peremptory strikes during jury selection.
If you would like to attend the seminar, contact the Florida Justice Association by clicking here, or call (850) 224-9403.
There will also be a live webcast of the Seminar on Friday, April 24th.
Full post as published by The Florida Jury Selection Blog on April 20, 2009 (boomark / email).
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The Supreme yesterday weighed in on the topic of peremptory strikes, the controversial tool that allows lawyers to get rid of jurors without explaining why. Some lawyers and academics complain that peremptory strikes are often improperly used to strike prospective jurors because or their race or ethnicity, despite the fact [...
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the loss of a peremptory challenge due to a state courts good-faith error is not a matter of federal constitutional concern
The embattled peremptory challenge got no help from the United States Supreme Court today in Rivera v. Illinois. Rivera tried to strike a juror in his Illinois state court trial...
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In Miller-El v. Dretke, 545 U.S. --, No. 03?9659 (June 13, 2005) the Court grants habeas relief to petitioner on his Batson claim. Justice Souter wrote the Court's opinion. Justice Breyer wrote a concurrence in which he posits that peremptory challenges should be done away with altogether...
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