McCants v. State

210 So. 3d 130, 2016 Fla. App. LEXIS 13928
District Court of Appeal of Florida·Decided September 16, 2016·No. 2D15-329·Published

Opinion

PER CURIAM.

For the reasons set forth in Ivy v. State, 196 So.3d 394, (Fla. 2d DCA 2016), we affirm. Again, we certify the following question of great public importance to the supreme court:

DURING A MELBOURNE V. STATE, 679 So.2d 759, 763 (Fla.1996), HEARING, WHEN A TRIAL COURT FINDS THAT THE PROPONENT’S REASON FOR A PEREMPTORY CHALLENGE IS FACIALLY NEUTRAL, IS IT THE BURDEN OF THE OPPONENT (1) TO CLAIM THE REASON IS A PRETEXT, (2) TO PLACE INTO THE RECORD THE CIRCUMSTANCES SUPPORTING ITS POSITION, AND (3) TO OBJECT IF THE TRIAL COURT’S RULING DOES NOT CONTAIN ADEQUATE FINDINGS ON THE ISSUE OF GENUINENESS?

Affirmed; question certified.

WALLACE, KHOUZAM, and ROTHSTEIN-YOUAKIM, JJ., Concur.

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McCants v. State, 210 So. 3d 130, 2016 Fla. App. LEXIS 13928 (Fla. Ct. App. 2016).

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Related

Melbourne v. State
679 So. 2d 759 (Supreme Court of Florida, 1996)
Ivy v. State
196 So. 3d 394 (District Court of Appeal of Florida, 2016)