Moses McCray v. State of Florida

We have for review McCray v. State, 199 So.3d 1006 (Fla. 4th DCA 2016), in which the Fourth District Court of Appeal certified conflict with the Third District Court of Appeal’s decision in McIntosh v. State, 743 So.2d 155 (Fla. 3d DCA 1999), “to the extent the results of [McCray] ... may be perceived to conflict with McIntosh.” McCray, 199 So.3d at 1010. We accepted jurisdiction based on this certified conflict. See art. V, § 3(b)(4), Fla. Const.

The issue in this case involves the exercise of peremptory challenges in jury selection and whether a party has the right to “unstrike,” or withdraw…