Luis A. Vega v. State of Florida
182 So. 3d 848
| Fla. Dist. Ct. App. | 2016Background
- Appellant was convicted of burglary after a jury trial and preserved an objection when the trial court denied a for-cause challenge to a prospective juror.
- During voir dire defense counsel asked whether jurors would automatically credit police testimony because of their profession.
- The challenged juror said repeatedly he would "tend" to find a police officer more credible than a lay witness and that his "first judgment on the street would be to say, oh, the cop is probably telling the truth."
- After judicial rehabilitation the juror stated he could follow the court’s instructions and give equal credibility in court, but emphasized "I think I can do that," not an unequivocal commitment.
- The trial court denied the challenge for cause; the defense expended a peremptory strike on the juror; appellant was convicted and appealed, arguing the denial of the for-cause strike was error.
Issues
| Issue | State's Argument | Appellant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying a challenge for cause to a juror who said he would tend to believe police more than lay witnesses | Juror was rehabilitated by assurances he could follow instructions and weigh credibility equally; deny strike | Juror repeatedly stated he would give police greater credibility; assurances were equivocal and did not dispel reasonable doubt about impartiality | Reversed: juror should have been excused for cause because reasonable doubt remained |
Key Cases Cited
- Matarranz v. State, 133 So.3d 473 (Fla. 2013) (trial-court inquiry evaluated by considering all juror responses; assurances not dispositive)
- Juede v. State, 837 So.2d 1114 (Fla. 4th DCA 2003) (juror statements favoring police credibility support excusal; rehabilitation not always controlling)
- Banks v. State, 46 So.3d 989 (Fla. 2010) (trial-court evaluation must consider all questions and answers posed to juror)
- Reid v. State, 972 So.2d 298 (Fla. 4th DCA 2008) (close cases on juror impartiality should be resolved by excusing juror)
- Slater v. State, 910 So.2d 347 (Fla. 4th DCA 2005) (juror who credits police testimony as "a little more weight" should be excused)
