McCants v. State

210 So. 3d 130, 2016 Fla. App. LEXIS 13928
CourtDistrict Court of Appeal of Florida
DecidedSeptember 16, 2016
Docket2D15-329
StatusPublished

This text of 210 So. 3d 130 (McCants 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.

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

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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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)

Cite This Page — Counsel Stack

Bluebook (online)
210 So. 3d 130, 2016 Fla. App. LEXIS 13928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccants-v-state-fladistctapp-2016.