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Criminal Law

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CASES

By Jeffrey Ivashuk

Criminal law -- Attempted robbery with a deadly weapon -- Evidence was insufficient to establish that defendant used a weapon during the attempted robbery where record contains no evidence that whatever defendant had in his hand during attempted robbery was used in a manner that could have caused great bodily harm or death or otherwise constituted a weapon -- Record supports jury's finding that defendant attempted to rob victim -- Remand for entry of judgment for offense of attempted robbery and for resentencing for that crime     33 Fla. L. Weekly D1584aCriminal law -- Jurors -- Challenges -- Cause -- Because there is reasonable doubt as to impartiality of juror who repeatedly stated that a defendant went into trial with a presumption of guilt, denial of cause challenge and subsequent denial of defendant's motion for an additional peremptory challenge to strike an identified juror werereversible error -- Juror's statement, although coupled with an expression that she could be fair and impartial, raised reasonable doubt as to juror's ability to presume that defendant was not guilty -- It was not abuse of discretion to deny cause challenge to juror who stated that he would be biased against defendant if defendant was charged with a crime similar to a crime perpetrated against juror's relative and who consistently stated that he could be fair and impartial when it was revealed that defendant was not charged with same crime     33 Fla...continue to full post

Full post as published by JAABlog on June 18, 2008 (boomark / email).