Legal Opinion · Dissent

State v. Devoney

District Court of Appeal of Florida

Decided May 3, 1996No. 95-904Published

1DissentW. Sharp, Judge

In violation of the court’s express instruction that it should totally disregard any question or reference to DeVoney’s having had a speeding ticket for going twenty miles per hour over the posted speed limit, a year prior to his trial for DUI, at least two jurors discussed that incident during the jury deliberations. One juror used the speeding ticket reference as a ground to assert DeVoney had a “bad driving record” in order to pressure the other into agreeing to a guilty verdict. The foreperson of the jury testified that another juror told him during their deliberations:

He said, well, you…

2Cases cited13 opinions

  1. Donald Dickson v. G.E. Sullivan, Superintendent, Oregon State Correctional InstitutionCourt of Appeals for the Ninth Circuit · 1988
  2. Baptist Hosp. of Miami, Inc. v. MalerSupreme Court of Florida · 1991
  3. State v. HamiltonSupreme Court of Florida · 1991
  4. Smith v. StateSupreme Court of Florida · 1957
  5. McAllister Hotel, Inc. v. PorteSupreme Court of Florida · 1960

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