Hernandez v. State

Although I agree with the majority’s decision to remand this case for a new trial, I think it worth noting that we are rejecting the alternative proposed by the State that we first remand the case for a hearing, wherein the trial court will apply the test announced in State v. Neil, 457 So.2d 481 (Fla.1984),1 to determine whether the peremptory challenges exercised by the State were, in fact, exercised in a discriminatory manner. Simply because this alternative was neither proposed nor addressed in Neil or subsequent Florida cases, see, e.g., Andrews v. State, 459 So.2d 1018 (Fla.1984); City…