Lewis v. State

931 So. 2d 1034, 2006 WL 1686501
District Court of Appeal of Florida·Decided June 21, 2006·No. 4D05-1958·Published·Cited by 6 cases

Opinion

931 So.2d 1034 (2006)

Andre Leon LEWIS, Appellant,
v.
STATE of Florida, Appellee.

No. 4D05-1958.

District Court of Appeal of Florida, Fourth District.

June 21, 2006.
Rehearing Denied July 20, 2006.

*1035 Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.

TAYLOR, J.

Andre Lewis appeals his conviction and sentence for possession of cocaine. We reverse, because the trial court erroneously denied Lewis's cause challenge to a potential juror.

Lewis was charged by information with possession of cocaine with intent to deliver or sell. During jury voir dire, prospective juror Castro requested a private conference with the court, during which the following colloquy took place:

Prospective Juror Castro: Basically, I figured I should be honest. A family member is a member of the drug enforcement unit.
The Court: Okay.
Prospective Juror Castro: Secondly —
The Court: How close a family member?
Prospective Juror Castro: He's a nephew. And on the other hand, my half brother was a drug addict for many, many years and I still feel and see what it did to him, what our family went through and luckily now he's a pastor. So, I don't know. Maybe when he hit bottom.
*1036 But for so many years we suffered so much because of this. And I don't know if that would in any way affect my decision either way. And I just wanted to tell you.
The Court: That's what we really need to know from you. A lot of folks have had family members who have had drug problems in the past or who currently have drug problems. That's a fairly common occurrence in our society today.
So the real question becomes can you put that aside and listen to the evidence here in the courtroom and base your verdict solely on the evidence and the law that I give you?
Prospective Juror Castro: That's really — I don't know. I just wanted to be fair and tell you — tell you all —
The Court: Okay.
Prospective Juror Castro: (continuing) — before — because I know it's going to be hard for me either way.
The Court: Well, you kind of got it on both sides. And a lot of — you'd be surprised at how many people that come in here are in the — are on a somewhat similar situation as you are. They may have family members that had drug problems.
On the other hand, they might have someone in their family that is in law enforcement or they might not be.
. . . .
So the question becomes, since you have these different competing interests in your family, or differing personal experiences, will you still be able to come in here and listen to the testimony and make a decision based upon the testimony that you hear and see and the law that I give you? Do you think you can do that?
Prospective Juror Castro: I — I —
. . . .
The Court: I'm not sure what your hesitation is. A lot of people don't want to be on jury service because they know it will be hard for them to do, and it's hard for most people, so I'd never get a jury if I let everybody go, just because it's a hard thing to do.
Prospective Juror Castro: I understand.
The Court: Are you telling me that this is something hard for you to do, difficult?
Prospective Juror Castro: I believe. I believe it would be.
The Court: Okay.
. . . .
Prospective Juror Castro: I figured I'd rather say it now than hold it in. And I don't even know how I'm going to react if I have to serve as a juror. It would be up to — up to them to decide whether or not they want me as part — as part of the group.
But I wanted to be honest to both of them.
The Court: We appreciate that. And it's good you brought it up. So now you really have to search your sole [sic] and your mind.
Prospective Juror Castro: Right.
The Court: So these lawyers can be sure that you can give them both a fair shake, give them both a fair trial, the State and the defense. That's what it all boils down to, are you going to give them a fair trial?
Prospective Juror Castro: I would say yes.
The Court: All right. Mr. Semenick.
Mr. Semenick: I won't ask you to decide the case now because you haven't heard any of the facts, but after you've heard the facts, putting everything else aside, *1037 you can render a fair and impartial verdict?
Prospective Juror Castro: I hope I can, under everything that is presented, and make a fair decision.
Mr. Semenick: Nothing further.
Ms. Russell-Love: Mr. Castro, what you shared with us, you actually mentioned the turmoil that your family faced because of the — because of a relative.
Prospective Juror Castro: Half brother, yes.
The Court: Your half brother. And I imagine you told us about that turmoil because it effects [sic] you even now; is that accurate?
Prospective Juror Castro: Correct. Correct.
Ms. Russell-Love: Okay. In light of the fact that it affects you in the way that it does, do you think that you would be able to be fair and impartial in a case of this nature?
Prospective Juror Castro: Not if it's involving drugs, really.
Ms. Russell-Love: We're not going to judge you, we just want to know honestly.
Prospective Juror Castro: I want to be fair. I just answered from my heart. I don't want to say one way or the other, because I think it would affect me.
Ms. Russell Love: Okay. So you're saying you cannot be fair and impartial?
Prospective Juror Castro: I don't think so. Yeah.

The following day, the court questioned Castro again:

The Court: Yesterday we talked about your stepbrother — stepbrother — right — who had a drug problem. Then you've got what, a brother who's a DEA agent?
Prospective Juror Castro: Nephew.
. . . .
The Court: So yesterday, when we talked, you sort of had — part of you, for lack of a better term, might look as though it's pro defense and the other part of you might look as though it's pro State.
So, what we need to do is make sure that you can set any of your family issues aside and that you can be fair and impartial to both sides. So, you probably had some chance to think about that overnight?
Prospective Juror Castro: Yes, I did.
The Court: And what do you think?
Prospective Juror Castro: I think it really would be very difficult for me to make a fair decision.
The Court: Well —
Prospective Juror Castro: I really do.
The Court: It's always difficult for jurors to do their job.

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Lewis v. State, 931 So. 2d 1034, 2006 WL 1686501 (Fla. Ct. App. 2006).

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