TIMOTHY HUNTER v. STATE OF FLORIDA
225 So. 3d 838
| Fla. Dist. Ct. App. | 2017Background
- Appellant (Timothy Hunter) was convicted by a jury of attempted burglary and driving without a valid license; appeal followed.
- During voir dire, several prospective jurors (including Ms. T, Mr. W, Mr. S, and Mr. H) disclosed that a family member had been arrested.
- The State used a peremptory strike to remove Ms. T, who is African American, citing her family member’s arrest as a race-neutral reason.
- Defense objected under Melbourne and pointed out that three non‑African American jurors who also had arrested family members remained on the panel.
- The trial court accepted the State’s race-neutral reason and allowed the strike; the defense preserved the objection and accepted the panel.
- The Fourth District found reversible error as to Ms. T because the proffered race‑neutral reason was not genuine given disparate treatment of similarly situated non‑African American jurors, and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prosecutor’s peremptory strike of Ms. T violated Melbourne by being racially discriminatory | Hunter argued the strike was pretextual because the State left similarly situated non‑Black jurors (with arrested family members) on the panel | State argued the strike was race‑neutral (family member arrested) and not based on race | Court held the strike was not genuine under Melbourne because the reason equally applied to non‑Black jurors who were not struck; reversible error and new trial ordered |
Key Cases Cited
- Melbourne v. State, 679 So. 2d 759 (Fla. 1996) (establishes three‑step Batson/Melbourne procedure and factors for assessing genuineness)
- Wimberly v. State, 118 So. 3d 816 (Fla. 4th DCA 2012) (standard of review: abuse of discretion)
- Smith v. State, 799 So. 2d 421 (Fla. 5th DCA 2001) (striking minority juror when reason equally applied to majority juror can be discriminatory)
- Foster v. State, 732 So. 2d 22 (Fla. 4th DCA 1999) (reversal where prosecutor’s family‑arrest justification applied equally to non‑black jurors who were not struck)
- Nowell v. State, 998 So. 2d 597 (Fla. 2008) (trial court erred accepting pretextual age‑based justification where similar juror remained)
- Stroia v. State, 119 So. 3d 1274 (Fla. 4th DCA 2013) (reversal where prosecutor accepted similarly situated white jurors despite citing family arrests to strike black juror)
- Landis v. State, 143 So. 3d 974 (Fla. 4th DCA 2014) (similar principle regarding disparate treatment of similarly situated jurors)
- Wallace v. State, 889 So. 2d 928 (Fla. 4th DCA 2004) (similar principle regarding pretextual peremptory strikes)