Holloway v. State

District Court of Appeal of Florida

Holloway v. State

413 So. 2d 94, 1982 Fla. App. LEXIS 19731

CourtDistrict Court of Appeal of Florida

DecidedApril 6, 1982

DocketNo. 80-2516

StatusPublished

This text of 413 So. 2d 94 (Holloway 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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Holloway v. State, 413 So. 2d 94, 1982 Fla. App. LEXIS 19731 (Fla. Ct. App. 1982).

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Opinion

BASKIN, Judge.

We reverse defendant Holloway’s convictions of burglary and grand theft because the record discloses that defense counsel was denied the right to exercise remaining peremptory challenges prior to the swearing of the jury.

[T]he right of a prisoner to challenge any juror peremptorily is absolute at any time before the juror is sworn, and ... no circumstances can bring that right within the discretion of the court so long as it is confined to the number of peremptory challenges allowed by law.

O’Connor v. State, 9 Fla. 215, 228-29 (1860); Ellis v. State, 25 Fla. 702, 6 So. 768 (1889); Walden v. State, 319 So.2d 51 (Fla. 1st DCA 1975); Shelby v. State, 301 So.2d 461 (Fla. 1st DCA 1974); Knee v. State, 294 So.2d 411 (Fla. 4th DCA 1974); Kennick v. State, 107 So.2d 59 (Fla. 1st DCA 1958); Fla.R.Crim.P. 3.350; Fla.R.Crim.P. 3.310.

Reversed and remanded for a new trial.

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