Barnes v. State

District Court of Appeal of Florida

Barnes v. State

592 So. 2d 1127, 1992 Fla. App. LEXIS 533, 1992 WL 12084

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1992

DocketNo. 90-1154

StatusPublished

Cited by2 cases

This text of 592 So. 2d 1127 (Barnes v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barnes v. State, 592 So. 2d 1127, 1992 Fla. App. LEXIS 533, 1992 WL 12084 (Fla. Ct. App. 1992).

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Opinions

PER CURIAM.

We reverse and remand for a new trial based on the authority of Wright v. State, 592 So.2d 1123 (Fla. 3d DCA 1991). We certify the following question, as stated in Jefferson v. State, 584 So.2d 123 (Fla. 4th [1128]*1128DCA 1991), and Wright, as one of great public importance:

WHERE THE TRIAL COURT FINDS THAT A PEREMPTORY CHALLENGE IS BASED UPON RACIAL BIAS, IS THE SOLE REMEDY T,0 DISMISS THE JURY POOL AND START VOIR DIRE OVER WITH A NEW JURY POOL, OR MAY THE TRIAL COURT EXERCISE ITS DISCRETION TO DENY THE PEREMPTORY CHALLENGE IF IT CURES THE DISCRIMINATORY TAINT; FOR EXAMPLE, MUST THE JURY PANEL BE STRICKEN IF THE DISCRIMINATORY CHALLENGE HAS BEEN MADE OUTSIDE ITS PRESENCE?

In light of our decision, we do not need to reach the remaining points raised on appeal by the defendant.

Reversed and remanded for a new trial.

LEVY and GODERICH, JJ., concur.

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