Legal Opinion

Dorsett v. State

District Court of Appeal of Florida

Decided November 15, 2006No. 4D05-1402Published

1Opinion of the CourtFarmer, J.

In his criminal trial on felony charges, defendant contends that the trial court erred in denying his cause challenges to potential jurors. We agree. While defendant cites the rejection of challenges to four prospective jurors on appeal as error, we need address only one of them. See, Jenkins v. State, 824 So.2d 977, 980 (Fla. 4th DCA 2002) (seating a single juror whose impartiality may reasonably be questioned is a structural error not subject to harmless error analysis).

A defendant may not be required to overcome misconceptions and preconceptions of jurors to avoid a guilty verdict. See,…

2Cases cited9 opinions

  1. Singer v. StateSupreme Court of Florida · 1959
  2. Hill v. StateSupreme Court of Florida · 1985
  3. Overton v. StateSupreme Court of Florida · 2001
  4. Hamilton v. StateSupreme Court of Florida · 1989
  5. Jenkins v. StateDistrict Court of Appeal of Florida · 2002

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