Legal Opinion

Miller v. State

District Court of Appeal of Florida

Decided December 18, 2002No. 3D02-716PublishedCited by 1 opinion

1Per curiam

Because, as the state concedes, the trial judge should have excused a particular juror for cause, Chavers v. State, 827 So.2d 279 (Fla. 4th DCA 2002); Polite v. State, 754 So.2d 859 (Fla. 3d DCA 2000), and the defendant properly preserved the error in accordance with Trotter v. State, 576 So.2d 691 (Fla.1990), cert. denied, 522 U.S. 876, 118 S.Ct. 197, 139 L.Ed.2d 134 (1997); see Wilson v. State, 753 So.2d 683 (Fla. 3d DCA 2000), review denied, 773 So.2d 59 (Fla.2000), the judgment below is reversed for a new trial.

2Cases cited4 opinions

  1. Trotter v. StateSupreme Court of Florida · 1990
  2. Wilson v. StateDistrict Court of Appeal of Florida · 2000
  3. Polite v. StateDistrict Court of Appeal of Florida · 2000
  4. Chavers v. StateDistrict Court of Appeal of Florida · 2002

3Cited by1 opinion

  1. Miller v. StateDistrict Court of Appeal of Florida · 2005