CRIMINAL LAW: VOIR DIRE: MISSTATEMENTS OF LAW: ATTEMPTS TO OBTAIN COMMITMENTS FROM PROSPECTIVE JURORS  

Sheppard v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1528 (Fla. 4th DCA July 23, 2014)

The trial court, in a criminal case, did not abuse its discretion by limiting defense counsel’s voir dire examination to prevent him from making misstatements of law or obtaining commitments from the prospective jurors.… Click To Read Full Case Law Review...

CRIMINAL LAW: VOIR DIRE: CONCEALING KNOWLEDGE OF WITNESS: TRIAL COURT’S APPLICATION OF WRONG LEGAL STANDARD: NONDISCLOSURE WAS MATERIAL  

Villalobos v. State, ­­___ So. 3d ___, 39 Fla. L. Weekly D1544 (Fla. 3d DCA July 23, 2014)

During voir dire in a trial for DUI manslaughter, the trial court asked the prospective jurors whether they knew the witnesses whose names he read to them from a list.  One of those witnesses was the State’s blood analyst.  Although two … Click To Read Full Case Law Review...

CRIMINAL LAW: VOIR DIRE: RACE NEUTRAL PEREMPTORY CHALLENGES: AFRICAN AMERICAN JURORS: PROSPECTIVE JURORS’ UNCERTAINTY WHETHER THEY WOULD VOTE TO RETAIN OR ABANDON DEATH PENALTY: GENUINENESS  

Poole v. State, ___ So. 3d ___, 39 Fla. L. Weekly S459 (Fla. June 26, 2014)

The Florida Supreme Court, in a death penalty case, affirmed the trial court’s determination that the State’s race neutral peremptory challenges of two African American jurors were genuine.  Both jurors were challenged on the ground that they were weak death penalty jurors because they … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: CIVIL PROCEDURE: VOIR DIRE: FAILURE TO RENEW OBJECTION BEFORE JURY WAS SWORN WAIVED MELBOURNE CHALLENGE: TRIAL COURT DID NOT COMMIT MANIFEST ERROR BY DENYING CHALLENGE FOR CAUSE AGAINST PRO SEAT BELT WEARING JUROR: NO ERROR IN ALLOWING CROSS EXAMINATION OF TREATING NEUROSURGEON BASED UPON HIS FAILURE TO ACCEPT INSURANCE, MEDICARE REIMBURSEMENT RATES, AND PERFORMANCE OF PROCEDURE OF DISPUTED EFFICACY: DEFENSE BIOMECHANICS EXPERT DID NOT EXPRESS NEW OPINIONS; APPEALS: ABUSE OF DISCRETION IN LIMITING CROSS EXAMINATION OF DEFENSE EXPERT COULD NOT BE ESTABLISHED BECAUSE OF PLAINTIFF’S FAILURE TO MAKE PROFFER: PLAINTIFF NOT HARMED BY EXCLUSION OF MEDICAL RECORD CONCERNING DEFENDANT’S SEIZURE DISORDER BECAUSE EVIDENCE WAS CUMULATIVE: OBJECTION TO EVIDENTIARY RULINGS WAIVED BY FAILING TO OBJECT OR MOVE FOR MISTRIAL

Disla v. Blanco, ___ So. 3d ___, 38 Fla. L. Weekly D2492 (Fla. 4th DCA November 27, 2013)

The court substituted a new opinion for the original one that it issued on July 24, 2013.  A brief of the original opinion appears in this blog.

The plaintiff was a passenger in a motor vehicle who was injured when the … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: CIVIL PROCEDURE: VOIR DIRE: CHALLENGE FOR CAUSE: PEREMPTORY CHALLENGE: NEW TRIAL: CROSS EXAMINATION OF EXPERT: OPENING THE DOOR TO EXPERT OPINIONS THAT WERE NOT DISCLOSED IN DEPOSITION: EXCLUSION OF EVIDENCE; APPEALS: PRESERVATION: FAILURE TO PROFFER EXCLUDED EVIDENCE: HARMLESS ERROR

Disla v. Blanco, ___ So. 3d ___, 38 Fla. L. Weekly D1582 (Fla. 4th DCA July 24, 2013)

The plaintiff, the passenger in a vehicle, was injured when the driver lost control after suffering a seizure.  The jury found that the driver was 10% negligent and that the plaintiff was 90% negligent. The appellate court affirmed.  (1) The plaintiff … Click To Read Full Case Law Review...