VOIR DIRE - The Law Office of Joseph S. Kashi, P.A.

TORTS: WRONGFUL DEATH: DAMAGES: SURVIVORS: HUSBAND, WHO MURDERED HIS WIFE, SHOULD BE TREATED AS HAVING PREDECEASED HER, AND DECEDENT’S ADULT DAUGHTER SHOULD BE TREATED AS A SURVIVOR; EVIDENCE: TRIAL COURT ABUSED ITS DISCRETION BY PREVENTING PLAINTIFF FROM CONDUCTING VOIR DIRE EXAMINATION OF HUSBAND’S SON,WHO WAS DISABLED IN A WAY THAT PLACED HIS COMPETENCE TO TESTIFY IN QUESTION: SON’S TESTIMONY WAS LARGELY UNINTELLIGIBLE AND IRRELEVANT, AND HE WAS CALLED AS A WITNESS SOLELY TO ELICIT SYMPATHY AND CONFUSE THE JURY

Case Decision Date: December 17, 2014 Reviewed by Joseph S. Kashi

Cosman v. Rodriguez, ___ So. 3d ___, 40 Fla. L. Weekly D10 (Fla. 2d DCA December 17, 2014)

The personal representative sued her stepfather for the wrongful death of her mother. The trial court ruled that the daughter could not recover damages as a survivor because she was an adult, and her stepfather was a surviving spouse. The appellate court … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE; CIVIL PROCEDURE: NEW TRIAL: VOIR DIRE: JUROR NONDISCLOSURE: TRIAL COURT ERRED BY RELYING ON UNAUTHENTICATED DOCUMENTS TO DETERMINE THAT JUROR HAD AN ACCOUNT WITH THE DEFENDANT THAT WENT INTO COLLECTIONS; ASKING PROSPECTIVE JURORS IF THEY HAD BEEN INVOLVED IN AN ACTION FOR CREDIT ISSUES WAS INSUFFICIENT TO REQUIRE DISCLOSURE OF BANKRUPTCIES: TRIAL COURT ERRED IN RELYING ON PREVIOUS LAWSUITS THE TRIAL COURT ALREADY DETERMINED WERE TOO REMOTE IN TIME

Case Decision Date: December 5, 2014 Reviewed by Joseph S. Kashi

Weissman v. Radiology Associates of Ocala, P.A., ___ So. 3d ___, 39 Fla. L. Weekly D2542 (Fla. 5^th DCA December 5, 2014)

The trial court in a medical malpractice case against a radiology group erred by granting a new trial, after a verdict for the plaintiff, based upon the nondisclosures of three jurors. The defendant produced unauthenticated records to … Click To Read Full Case Law Review...

CRIMINAL LAW: VOIR DIRE: PEREMPTORY CHALLENGE: RACE NEUTRALITY: TRIAL COURT ERRED BY FAILING TO CONDUCT GENUINENESS INQUIRY: CONSIDERATION OF ONE, INAPPLICABLE SLAPPY FACTOR WAS INSUFFICIENT

Case Decision Date: November 19, 2014 Reviewed by Joseph S. Kashi

Ellis v. State, ___ So. 3d ___, 39 Fla. L. Weekly D2427 (Fla. 3d DCA November 19, 2014)

The appellate court reversed the defendant’s conviction for first degree murder because the trial court failed to conduct a genuineness inquiry when the State peremptorily challenged two African American jurors. The trial court considered only one, inapplicable Slappy factor, whether the challenges … Click To Read Full Case Law Review...

CRIMINAL LAW: VOIR DIRE: DEFENSE COUNSEL WAIVED HIS OBJECTION TO JUROR BY ACCEPTING PANEL WITHOUT RENEWING PRIOR OBJECTION: ATTEMPT TO RENEW OBJECTION THE NEXT MORNING WAS INEFFECTUAL

Case Decision Date: August 27, 2014 Reviewed by Joseph S. Kashi

Baccari v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1803 (Fla. 4^th DCA August 27, 2014)

When a criminal defendant attempted to use a peremptory challenge during voir dire, the State requested a race and gender neutral reason for the proposed challenge, defense counsel provided an explanation, the trial court found that the explanation was not genuine, … Click To Read Full Case Law Review...

CRIMINAL LAW: VOIR DIRE: PEREMPTORY CHALLENGE OF AFRICAN-AMERICAN VENIRE MEMEBER: FAILURE TO CONDUCT IMPLICIT OR EXPLICIT GENUINENESS INQUIRY; APPEALS: PRESERVATION: UNNECESSARY TO RENEW OBJECTION BEFORE AFFIRMATIVELY ACCEPTING JURY BECAUSE JURY WAS SWORN MINUTES AFTER OBJECTION WAS MADE

Case Decision Date: August 14, 2014 Reviewed by Joseph S. Kashi

Smith v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1723 (Fla. 1^st DCA August 14, 2014)

The appellate court reversed the defendant’s conviction because the trial court failed to conduct a genuineness inquiry after the State provided what the trial court regarded as a race neutral reason for exercising a peremptory challenge of an African-American venire member; … Click To Read Full Case Law Review...