Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided June 30, 2014No. 1D13-1372Published

1Opinion of the CourtSwanson, J.

In this direct criminal appeal, appellant claims the trial court abused its discretion when it denied his motion to strike the entire venire after a potential juror commented about appellant’s criminal history. Because this claim was not properly preserved for appeal, we affirm.

During voir dire, the prosecutor asked, “Is there anything that has come up about anything I’ve asked you that you think we need to know about?” A prospective juror responded:

PROSPECTIVE JUROR: I work for the road department and we work with prisoners all the time, and I don’t — I thought I’ve seen him before but I…

2Cases cited5 opinions

  1. Carratelli v. StateSupreme Court of Florida · 2007
  2. Richardson v. StateDistrict Court of Appeal of Florida · 1995
  3. McPhee v. StateDistrict Court of Appeal of Florida · 2012
  4. Hayes v. StateDistrict Court of Appeal of Florida · 2007
  5. Turner v. StateDistrict Court of Appeal of Florida · 2010

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