Victor v. State

Gregory Victor appeals the final judgment of the trial court, adjudicating him guilty of carjacking after a jury trial. He argues that the trial court erred by not conducting a “genuineness analysis” pursuant to Melbourne v. State, 679 So.2d 759 (Fla.1996), after he objected to the use of numerous peremptory challenges used by the State to strike black prospective jurors. We agree, reverse, and remand for a new trial.

After a party raises a timely objection that a peremptory challenge is being used in a racially discriminatory manner (step 1),

the burden of production shifts to the proponent of…