Sweeting v. State
District Court of Appeal of Florida
1Opinion of the CourtWarner, J.
We reverse appellant’s convictions and remand for a new trial, because the trial court erred in denying challenges for cause to three jurors who stated that the defendant’s failure to testify would influence their decision. 1 See Overton v. State, 801 So.2d 877, 891-93 (Fla.2001) (holding that a juror should have been excused for cause where he admitted during voir dire that he always believed that defendants should testify if they have nothing to hide, notwithstanding the juror’s subsequent assurances that he would be able to follow the court’s instructions); Mitchell v. State, 862 So.2d…
2Cases cited5 opinions
- Overton v. StateSupreme Court of Florida · 2001
- Jenkins v. StateDistrict Court of Appeal of Florida · 2002
- Mitchell v. StateDistrict Court of Appeal of Florida · 2003
- Williams v. StateDistrict Court of Appeal of Florida · 1999
- Cottrell v. StateDistrict Court of Appeal of Florida · 2006