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Chambers v. State

District Court of Appeal of Florida, Fourth District
Oct 30, 1996
682 So. 2d 615 (Fla. Dist. Ct. App. 1996)

Summary

holding that a familial relationship to a law enforcement officer is a constitutionally permissible basis for a peremptory challenge

Summary of this case from Brannon v. State

Opinion

No. 96-0357.

October 30, 1996.

Appeal from the Fifteenth Judicial Circuit Court, Palm Beach County, James Carlisle, J.

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


Chambers appeals from his conviction and sentence on one count of felony DUI. During the voir dire examination of jurors, Chambers peremptorily struck juror Lavalley because her husband is a retired firefighter, police officer and paramedic. The following exchange occurred:

DEFENSE: We'll strike Anita Lavalley, Your Honor.

PROSECUTOR: Ask counsel to state a gender-neutral reason for striking Ms. Lavalley. She's a woman.

DEFENSE: She said her husband was a cop, Your Honor.

The trial court sustained the State's objection. Defendant contends that the trial court's denial of his motion to peremptorily strike Lavalley constituted a reversible error.

Florida law presumes that a peremptory challenge has been exercised without invidious discrimination. Windom v. State, 656 So.2d 432 (Fla. 1995). In Czaja v. State, 674 So.2d 176 (Fla. 2d DCA 1996), the second district recognized that the law enforcement background of a juror's spouse is a properly neutral reason for a peremptory challenge, invoking the trial court's duty to determine whether the State's objection to the strike has been supported by evidence of purposeful, invidious discrimination. In Gonzalez v. State, 569 So.2d 782 (Fla. 4th DCA 1990), we held that, upon an objection to an exercise of a peremptory challenge, the party seeking to excuse the prospective juror is required to provide only a facially neutral explanation for the challenge having some support in the record.

In this case, Chambers attempted to excuse juror Lavalley because her husband is a retired police officer. Although Chambers gave the neutral explanation that the strike was based on the background of the juror's spouse, the trial judge refused to permit the challenge, without stating any reasons. The record indicates that the peremptory strike in this case was constitutionally permissible. Once a party gives a neutral reason for a strike, as in this case, the trial court then has the duty to determine whether the party opposing the challenge has shown purposeful, invidious discrimination. There is nothing in the record to show that the trial court considered this issue.

REVERSED AND REMANDED FOR NEW TRIAL.

STONE and POLEN, JJ., concur.


Summaries of

Chambers v. State

District Court of Appeal of Florida, Fourth District
Oct 30, 1996
682 So. 2d 615 (Fla. Dist. Ct. App. 1996)

holding that a familial relationship to a law enforcement officer is a constitutionally permissible basis for a peremptory challenge

Summary of this case from Brannon v. State

In Chambers, defense counsel peremptorily struck a prospective juror whose husband was a retired firefighter and police officer.

Summary of this case from Norona v. State

In Chambers, defense counsel peremptorily struck a prospective juror whose husband was a retired firefighter and police officer.

Summary of this case from Norona v. State

In Chambers v. State, 682 So.2d 615 (Fla. 4th DCA 1996), we reversed defendant's conviction because of error in failing to allow a valid peremptory challenge of a juror.

Summary of this case from Chambers v. State
Case details for

Chambers v. State

Case Details

Full title:THOMAS M. CHAMBERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 30, 1996

Citations

682 So. 2d 615 (Fla. Dist. Ct. App. 1996)

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