Legal Opinion · Dissent

Simmons v. State

District Court of Appeal of Florida

Decided December 20, 1996No. 94-807Published

1DissentBenton, Judge

Appellant stood trial for the same crimes against Kristi Hedden of which his brother had earlier been convicted. The trial court erred in denying the challenge for cause in the present case to a prospective juror who had heard a radio report “that this is the second Hedden trial and the brother had already been convicted.” Asked what he thought when he heard the report, the prospective juror said: “[I]t sounded like a decision had already been made.” Asked whether the report had made an impression on him, he said: “Oh, I think it did.”

While he said at one point that he did not think what he…

2Cases cited5 opinions

  1. Singer v. StateSupreme Court of Florida · 1959
  2. Lusk v. StateSupreme Court of Florida · 1984
  3. Reilly v. StateSupreme Court of Florida · 1990
  4. Simmons v. StateDistrict Court of Appeal of Florida · 1996
  5. Boggs v. StateSupreme Court of Florida · 1996

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