243 So. 3d 479
Fla. Dist. Ct. App.2018Background
- Traffic collision: Pryear made a left turn on a green signal in front of a southbound semi; his passenger died and the truck was damaged.
- Multiple witnesses observed beer cans, smelled alcohol, and reported Pryear’s bloodshot/watery eyes and slurred speech.
- FDLE blood test showed blood alcohol .196; lab report admitted at trial without defense objection.
- Jury convicted Pryear of DUI manslaughter and DUI with property damage; he received 15 years. Convictions affirmed on direct appeal.
- Pryear filed a pro se Florida Rule of Criminal Procedure 3.850 motion raising eight ineffective-assistance and trial-error claims; the trial court summarily denied relief and this court affirmed.
Issues
| Issue | Pryear’s Argument | State’s Argument | Held |
|---|---|---|---|
| Failure to renew Neil objection to peremptory strike of African‑American juror | Strike was pretextual; counsel should have renewed objection | No showing the seated jury was biased; no prejudice from counsel’s omission | Denied — no prejudice; voir dire showed juror could be impartial |
| Failure to strike trooper’s opinion that Pryear was at fault / had “circumstances” | Trooper invaded jury province, bolstered state witnesses, suggested undisclosed evidence | Trooper referred only to accident circumstances; abundant independent evidence of intoxication and fault | Denied — any objection would not have changed outcome given other evidence |
| Failure to move for judgment of acquittal on impairment (challenge to lab predicate) | Lab analyst did not lay proper foundation; JOA should have been renewed | Defense counsel expressly declined to object at trial; state can rely on evidence adduced | Denied — no contemporaneous objection; even if admissibility disputed, JOA properly denied |
| Failure to object to jury instruction on statutory presumption of impairment | Instruction was erroneous; blood evidence not properly introduced | Issue should have been raised on direct appeal; no contemporaneous objection to lab report | Denied — claim procedurally barred on 3.850 and lacks merit due to lack of trial objection |
| Failure to call defense witness (Amanda Price) alleging truck speeding | Her testimony would have blamed truck driver and undermined causation/fault | Testimony would be contradicted by homicide investigator and other witnesses; intoxication and causation established | Denied — no reasonable probability of different outcome; intoxication plus contribution to death suffices |
| Cumulative error | Combined omissions deprived Pryear of fair trial | Individual claims lack merit, so cumulative claim fails | Denied — no cumulative prejudice because individual claims are meritless |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Neil v. State, 457 So. 2d 481 (procedure for challenging peremptory strikes)
- Hubbard v. State, 751 So. 2d 552 (DUI‑manslaughter causation requires that operation cause or contribute to death)
- Magaw v. State, 537 So. 2d 564 (operation need not be sole cause for DUI manslaughter)
- Walls v. State, 926 So. 2d 1156 (standards for prejudice from prosecutorial comment)
- Taylor v. State, 120 So. 3d 540 (high bar for prejudice in ineffective‑assistance claims tied to unobjected improper comments)
- Pryear v. State, 185 So. 3d 1238 (direct‑appeal decision affirming convictions)