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Joiner v. State

Supreme Court of Florida
May 13, 1993
618 So. 2d 174 (Fla. 1993)

Summary

holding that to properly preserve the issue, an opponent of a peremptory strike must renew his or her objection or accept the jury subject to his or her earlier objection

Summary of this case from Spencer v. State

Opinion

No. 79567.

May 13, 1993.

Appeal from the Circuit Court, Orange County, Charles N. Prather, J.

James B. Gibson, Public Defender, and Kenneth Witts and Sophia B. Ehringer, Asst. Public Defenders, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., and David G. Mersch and Nancy Ryan, Asst. Attys. Gen., Daytona Beach, for respondent.


We review Joiner v. State, 593 So.2d 554 (Fla. 5th DCA 1992), based on conflict with Kibler v. State, 546 So.2d 710 (Fla. 1989), and Jefferson v. State, 595 So.2d 38 (Fla. 1992). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Conflict was also alleged with Adams v. State, 559 So.2d 1293 (Fla. 3d DCA), dismissed, 564 So.2d 488 (Fla. 1990), and Charles v. State, 565 So.2d 871 (Fla. 4th DCA 1990). These cases are distinguishable and therefore are not in conflict. The district court in Adams held that the State v. Neil, 457 So.2d 481 (Fla. 1984), clarified, State v. Castillo, 486 So.2d 565 (Fla. 1986), issue was properly preserved for appellate review when defense counsel pointed out that the juror struck by the State was African-American, asserted that the State could not give a reasonable explanation for challenging the juror, and was denied the inquiry required by Neil. The question whether objection to the final panel was additionally required was neither presented nor determined. The Charles court held that the Neil error was properly preserved because a codefendant's lawyer had preserved it and the objection of a codefendant's lawyer, by agreement with the judge, was an objection for Charles as well.

The Fifth District Court of Appeal affirmed the convictions of Eddie Joiner (Joiner) for possession of a controlled substance and resisting arrest without violence. Joiner contends that State v. Neil, 457 So.2d 481 (Fla. 1984), clarified, State v. Castillo, 486 So.2d 565 (Fla. 1986), was violated when the State gave an inadequate reason for a peremptory challenge of an African-American juror. The district court held that Joiner failed to preserve his objection to the composition of the jury.

During jury selection the State peremptorily challenged Mrs. Gamble, an African-American. After the State had excused her, defense counsel asked the court to inquire as to the reasons and the court did so. The State replied: "I would like to constitute the jury with some people down the line I prefer more, and including another juror." Joiner, 593 So.2d at 555-56. The judge erroneously ruled that the reason given for the strike satisfied the Neil inquiry in that it was racially neutral. There is no doubt that the State gave an inadequate reason for exercising a peremptory challenge against Mrs. Gamble. We held in Kibler that the reasons "I preferred other jurors" and "I liked [other jurors] better" were insufficient to rebut the defendant's assertion that the exercise of a peremptory challenge was racially motivated. Joiner's counsel correctly registered disagreement with the trial court's ruling, voir dire continued, the jury was accepted by both parties, and Joiner was found guilty. In concluding that Joiner had failed to preserve the Neil issue, the district court reasoned:

We believe that a party must do more than request a Neil inquiry and voice disagreement with an opponent's explanation. If a party is dissatisfied with a jury panel after hearing an explanation elicited through a Neil inquiry, some remedy should be requested of the trial court. For example, the defense in the instant case should have moved to strike the jury panel at some time during the jury selection process, but before the jury was sworn, at the latest. The defense did not do this; on the contrary, at the end of the jury selection, the defense stated that the jury was acceptable. Further, no mention of the jury selection was made in the motions for acquittal during the trial, and it was only after receiving the adverse verdict and judgment that the issue was again raised in a motion for acquittal or new trial.
Joiner, 593 So.2d at 556 (citation omitted).

We held in Jefferson that striking the entire jury panel is not the only remedy for a Neil violation. There we held that seating the improperly challenged juror is a proper remedy for a Neil violation. We agree with Joiner that a new panel may exacerbate rather than alleviate the constitutional violation Neil is designed to remedy. We therefore disapprove the lower court's suggestion that the preferred procedure for reserving the issue is to move to strike the jury panel. We also agree with Joiner that a motion for judgment of acquittal is designed to test the sufficiency of the evidence against a defendant and is therefore an inappropriate vehicle for a Neil objection. Anderson v. State, 504 So.2d 1270 (Fla. 1st DCA 1986).

We do not agree with Joiner, however, that he preserved the Neil issue for review. He affirmatively accepted the jury immediately prior to its being sworn without reservation of his earlier-made objection. We agree with the district court that counsel's action in accepting the jury led to a reasonable assumption that he had abandoned, for whatever reason, his earlier objection. It is reasonable to conclude that events occurring subsequent to his objection caused him to be satisfied with the jury about to be sworn. We therefore approve the district court to the extent that the court held that Joiner waived his Neil objection when he accepted the jury. Had Joiner renewed his objection or accepted the jury subject to his earlier Neil objection, we would rule otherwise. Such action would have apprised the trial judge that Joiner still believed reversible error had occurred. At that point the trial judge could have exercised discretion to either recall the challenged juror for service on the panel, strike the entire panel and begin anew, or stand by the earlier ruling.

Were we to hold otherwise, Joiner could proceed to trial before a jury he unqualifiedly accepted, knowing that in the event of an unfavorable verdict, he would hold a trump card entitling him to a new trial.

We take this opportunity to clarify a misapprehension of the part of the State. The State argues that because the juror who replaced Mrs. Gamble was also an African-American, any Neil violation was cured. This argument misconstrues our holding in Taylor v. State, 583 So.2d 323 (Fla. 1991). Taylor held that a substantial likelihood that the State was exercising its peremptory challenges in a discriminatory way had not been shown and therefore the trial court had not erred in refusing to require the State to provide its reasons. We decline the State's invitation to rule that as long as an improperly challenged juror is replaced by a member of the same minority the constitutional infirmity is cured. Jurors are not fungible. Each juror has a constitutional right to serve free of discrimination. The striking of a single African-American juror for racial reasons violates the Equal Protection Clause. State v. Slappy, 522 So.2d 18, 21 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988). Were we to endorse the State's view we would retain no practical device for redressing each person's right to serve on a jury free of being stricken for racially discriminatory reasons.

Accordingly, we approve the result in the district court below, although not the reasoning.

It is so ordered.

BARKETT, C.J., and McDONALD, GRIMES, KOGAN and HARDING, JJ., concur.

OVERTON, J., concurs in result only.


Summaries of

Joiner v. State

Supreme Court of Florida
May 13, 1993
618 So. 2d 174 (Fla. 1993)

holding that to properly preserve the issue, an opponent of a peremptory strike must renew his or her objection or accept the jury subject to his or her earlier objection

Summary of this case from Spencer v. State

holding that to preserve a contemporaneous objection to voir dire, a defendant must renew the objection prior to the jury being sworn or accept the jury subject to the specific prior objection in order to “apprise the trial judge that [the defendant] still believed reversible error had occurred”

Summary of this case from Bell v. State

holding that defendant waived any objection to a peremptory strike against a minority juror by affirmatively accepting jury immediately prior to its being sworn without reserving earlier-made objection

Summary of this case from Johnson v. State

finding that a defendant had waived any objection to peremptory strikes by affirmatively accepting the jury immediately before it was sworn

Summary of this case from Dante v. State

concluding appellant's objection to the state's exercise of a peremptory challenge was unpreserved for review because defense counsel affirmatively accepted the jury before it was sworn without renewing the earlier objection

Summary of this case from Powell v. State

failing to renew a Batson challenge before accepting a jury is deficient performance

Summary of this case from Acker v. Secretary, Florida Department of Corrections

In Joiner, we did observe that it was "reasonable to conclude that events occurring subsequent to" defense counsel's "objection caused him to be satisfied with the jury."

Summary of this case from State v. Ivey

preserving this issue for review requires counsel to either "accept the jury subject to his earlier" objection or "renew his objection"

Summary of this case from State v. Ivey

stating that defendant abandoned his earlier objection because he failed to either renew his objection or accept jury subject to earlier objection

Summary of this case from Philmore v. State

imposing requirement that counsel renew his objection that a peremptory challenge had been racially motivated before accepting jury to give trial judge the opportunity to either recall the challenged juror for service on the panel, strike the entire panel and begin anew, or stand by the earlier ruling

Summary of this case from State v. Gaines

requiring a contemporaneous objection to preserve a claim of improperly selected jury

Summary of this case from Carmichael v. State

In Joiner, the supreme court held that the defendant waived his peremptory challenge issue by affirmatively accepting the jury before it was sworn without renewing his objection or accepting the jury subject to his earlier objection.

Summary of this case from Spencer v. State

In Joiner, as in Davis, the issue was whether there had been a sufficient objection to the trial court allowing the state to exercise a peremptory challenge to a juror.

Summary of this case from Carratelli v. State

In Joiner v. State, 618 So.2d 174 (Fla. 1993), defense counsel objected to the State's peremptorily striking a black prospective juror, and the trial court erroneously found that the strike was race neutral.

Summary of this case from Puryear v. State

In Joiner v. State, 618 So.2d 174, 175 (Fla. 1993), the State sought to peremptorily challenge an African-American prospective juror.

Summary of this case from Perez v. State

In Joiner v. State, 618 So.2d 174, 176 (Fla. 1993), the court held that, after objecting to the denial of a peremptory challenge by the trial court or the use of a peremptory challenge by opposing counsel, the objecting party must renew the objection before the jury is sworn to preserve the jury selection issue for appellate review.

Summary of this case from Couch v. Dunn Avenue Shell

requiring an objection involving a juror, which has been overruled, to be renewed at the end of jury selection

Summary of this case from Berry v. State

In Joiner, 618 So.2d 174, the supreme court held that because Joiner "affirmatively accepted the jury immediately prior to its being sworn without reservation of his earlier-made objection," the issue was not preserved.

Summary of this case from Gootee v. Clevinger

In Joiner, the supreme court held that in order to preserve a Neil objection, the objection must be renewed before the jury is sworn. 618 So.2d at 176.

Summary of this case from Anderson v. State

In Joiner v. State, 618 So.2d 174, 176 (Fla. 1993), the court held that, to preserve an issue relating to jury selection for appellate review, a party must renew its objection to the jury before the jury is accepted and sworn.

Summary of this case from Pinder v. State

In Joiner v. State, 618 So.2d 174 (Fla. 1993), the defendant recorded an objection to the state's exercise of a peremptory challenge against an African-American juror.

Summary of this case from Milstein v. Mutual Sec. Life Ins. Co.

In Joiner v. State, 618 So.2d 174 (Fla. 1993), the defendant sought to appeal the denial of hisNeil objection that the State had used peremptory challenges on a racial basis.

Summary of this case from Milstein v. Mutual Sec. Life Ins. Co.

In Joiner, the court pointed out that the defendant had (a) affirmatively accepted the jury and (b) failed to renew his earlier-made Neil objection.See 618 So.2d at 176.

Summary of this case from Milstein v. Mutual Sec. Life Ins. Co.

In Joiner v. State, 618 So.2d 174, 176 (Fla. 1993), our supreme court held that when counsel accepts a jury without reserving an earlier Neil objection, the objection is waived.

Summary of this case from Jones v. State

In Joiner v. State, 618 So.2d 174 (Fla. 1993) the Supreme Court of Florida held that in order to preserve a Neil issue for appellate review the defendant must renew his/her earlier stated objection to the exercise of the state's peremptory challenge.

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

Joiner v. State

Case Details

Full title:EDDIE JOINER, ETC., PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: May 13, 1993

Citations

618 So. 2d 174 (Fla. 1993)

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