History
  • No items yet
midpage
Gilliam v. State
645 So. 2d 27
Fla. Dist. Ct. App.
1994
Check Treatment
PER CURIAM.

We reverse Gilliam’s conviction and remand for a new trial. The trial court erred in permitting the state to exercise a peremptory challenge against a black prospective juror where, as here, the record does not support the state’s reason for the challenge. A review of the voir dire examination of juror Slade does not reveal that she was predisposed to find defendant innocent of the charged crime. Instead, juror Slade’s response to defense counsel’s arguably unartful question reflects a correct statement of the law concerning the presumption of innocence. Because the court should not have permitted the challenge, defendant is entitled to a new trial. Williams v. State, 574 So.2d 136 (Fla. 1991) (new trial ordered where record fails to support reason given for challenge).

Reversed and remanded.

Case Details

Case Name: Gilliam v. State
Court Name: District Court of Appeal of Florida
Date Published: Oct 19, 1994
Citation: 645 So. 2d 27
Docket Number: No. 94-895
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.