Legal Opinion · Concurrence

Ubilla v. State

District Court of Appeal of Florida

Decided July 21, 2004No. 3D04-1502Published

1ConcurrenceCope, J.

In his postconviction motion, defendant-appellant Hector Alfredo Ubilla states that when the venire of jurors was brought to the courtroom for voir dire in his case, the jurors were not sworn prior to voir dire examination. He maintains that he is entitled to a new trial or that his counsel was ineffective for failure to lodge an objection.

The trial court properly rejected the claim. The trial court’s order states that “it is well established in Miami-Dade County Criminal Court that all potential jurors are sworn in each morning prior to being sent to a particular judge for voir dire.…

2Cases cited4 opinions

  1. Lott v. StateDistrict Court of Appeal of Florida · 2002
  2. Fernandez v. StateDistrict Court of Appeal of Florida · 2001
  3. Hayes v. StateDistrict Court of Appeal of Florida · 2003
  4. Davis v. StateDistrict Court of Appeal of Florida · 2003

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