Legal Opinion · Concurrence

JOEL I. JONES v. STATE OF FLORIDA

District Court of Appeal of Florida

Decided November 1, 2017No. 4D16-2779Published

1ConcurrenceKlingensmith, J.

In this case, defense counsel objected to the State exercising a peremptory challenge against a white male juror who may have identified with ’ the Hispanic class. Defense counsel requested both a race and gender neutral basis for the strike:

[Defense counsel]: Judge, we would object to the State exercising a peremptory challenge against [the juror] who is identified with the Hispanic class and would request a race neutral—

THE COURT: Okay.

[Prosecutor]: Judge, he’s a white male.

[Defense counsel]: Well, we request the gender neutral- reason. We would request both.

THE COURT: So your position is…

2Cases cited20 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Swain v. AlabamaSupreme Court of the United States · 1965
  3. J. E. B. v. Alabama ex rel. T. B.Supreme Court of the United States · 1994
  4. Edmonson v. Leesville Concrete Co.Supreme Court of the United States · 1991
  5. JEB v. Alabama Ex Rel. TBSupreme Court of the United States · 1994

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