Legal Opinion

Caldwell v. State

District Court of Appeal of Florida

Decided January 14, 2011No. 2D09-1734PublishedCited by 2 opinions

1Opinion of the Court

MORRIS, Judge.

William Henry Caldwell, IV, appeals his convictions for felony murder and armed burglary. We reverse for the reason explained below and remand for a new trial.

Caldwell argues on appeal that during jury selection, the trial court improperly denied his cause challenge to a potential juror (Juror E), who questioned why a person would not want to testify in his defense. Caldwell claims that Juror E’s comments raised a reasonable doubt as to her ability to be impartial and that she was not rehabilitated by the State.

The following discussion occurred during voir dire:

DEFENSE…

2Cases cited10 opinions

  1. Singer v. StateSupreme Court of Florida · 1959
  2. Carratelli v. StateSupreme Court of Florida · 2007
  3. Kearse v. StateSupreme Court of Florida · 2000
  4. Overton v. StateSupreme Court of Florida · 2001
  5. Bryant v. StateSupreme Court of Florida · 1992

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3Cited by2 opinions

  1. Pelham v. WalkerDistrict Court of Appeal of Florida · 2013
  2. Welch v. StateDistrict Court of Appeal of Florida · 2016

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