Cabberiza v. Moore

TJOFLAT, Circuit Judge:

In Florida, most felonies are tried before a six-person jury. A person charged with the capital crime of first degree murder is entitled to a twelve-person jury, although he may waive that right and accept a jury of six. In this case, petitioner David Cabberiza (“petitioner”) was indicted for first degree murder and thus was entitled to a twelve-person jury. Prior to trial, his attorney agreed (with the prosecutor) to a trial before a six-person jury. That jury convicted petitioner of first degree murder, robbery, and burglary. After exhausting his state court remedies,…