240 So. 3d 803
Fla. Dist. Ct. App.2018Background
- Defendant John Pacchiana convicted of first-degree murder after a joint trial; sentenced to life. Appeal raised multiple issues; court found juror-strike issue dispositive and reversed.
- During voir dire a prospective juror (Black) listed "witnessing a Jehovah Witness" on her questionnaire; she said she could follow law and apply beyond-a-reasonable-doubt standard and serve impartially.
- Prosecutor used a peremptory to strike the juror, stating the juror was a Jehovah’s Witness and prosecutors’ experience that Jehovah’s Witnesses "can’t sit in judgment." Defense objected and requested a race-neutral reason.
- The court brought the juror back, questioned her about religion, and she reaffirmed ability to be fair; prosecutor persisted in strike, court accepted the state’s race-neutral explanation and allowed the peremptory.
- Defense preserved objections through contemporaneous objections, a co-defendant’s counsel objection, a motion to strike the panel, and a written motion for mistrial/new jury before swearing; majority found issue preserved.
- Majority held the strike was improper: prosecutor relied on religious affiliation without record evidence that the juror’s faith would impair impartiality; struck juror on religion (and/or pretextually on race), violating federal and Florida constitutional protections, including the prohibition on religious tests.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Pacchiana) | Held |
|---|---|---|---|
| Whether defense preserved objection to a religion-based strike | Defense sought race-neutral reason; state’s explanation was race-neutral so no further action required | Objection preserved: contemporaneous objections, co-defendant’s comment, motion to strike panel, and written motion preserved religion-based claim | Majority: preserved — defense put court on notice; issue preserved for appeal |
| Whether prosecutor’s peremptory strike was racially discriminatory/pretextual | Strike was race-neutral (religion is not race); prosecutor relied on experience with Jehovah’s Witnesses and juror’s responses | Strike was pretextual — prosecutor used religious affiliation (a cognizable group trait) to remove a Black juror without evidence religion would affect service | Held: strike was not shown to be genuinely race-neutral; reversal required because strike rested on religious membership or was pretextual race-based |
| Whether religion-based peremptory strikes are constitutionally permissible | Religion is facially race-neutral; peremptories may exclude jurors based on beliefs when those beliefs affect impartiality | Members of a religion are a cognizable class; striking solely for religious affiliation without evidence of inability to be fair violates Equal Protection and state constitutional guarantees | Held: striking solely for religious affiliation (without evidence) is impermissible; jurors cannot be excluded solely due to faith |
| Whether excluding jurors on religious affiliation violates the constitutional "religious test" prohibition | Peremptory strikes do not amount to imposing a religious test; prosecutor may rely on juror statements and demeanor | Excluding solely for faith amounts to a religious test forbidden by U.S. and Florida Constitutions and Article VI — it conditions jury service on religion | Held: such exclusion can constitute an impermissible religious test; court concluded strike violated constitutional protections |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (prohibits race-based peremptory challenges)
- Melbourne v. State, 679 So. 2d 759 (Fla. 1996) (procedure for evaluating race-neutral explanation and genuineness in Florida)
- Landis v. State, 143 So. 3d 974 (Fla. 4th DCA 2014) (failure to question juror about proffered reason undermines genuineness finding)
- Frazier v. State, 899 So. 2d 1169 (Fla. 4th DCA 2005) (striking juror on stereotypical assumptions about nationality/ethnicity is discriminatory)
- State v. Davis, 504 N.W.2d 767 (Minn. 1993) (declined to extend Batson to religion but noted simply stating juror is a Jehovah’s Witness would not rebut prima facie racial bias)
- Olibrices v. State, 929 So. 2d 1176 (Fla. 4th DCA 2006) (striking juror based on Pakistani/Muslim status violated Neil-Slappy)
- State v. Alen, 616 So. 2d 452 (Fla. 1993) (defines cognizable class test used in extending Batson principles)
- J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (extends equal protection analysis to gender-based strikes)
- Torcaso v. Watkins, 367 U.S. 488 (religious tests forbidden by Constitution)
- Edmonson v. Leesville Concrete Co., 500 U.S. 614 (jury service is a public trust)