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District Court of Appeal of Florida


Whitby v. State of Florida, 04-1770

The trial court-s failure to conduct a Neil inquiry regarding the State-s peremptory challenge of a prospective juror warrants reversal, since an inquiry must be conducted where defense counsel simply objects to a peremptory challenge, identifies that the juror is a member of a distinct racial or ethnic group, and requests an inquiry, despite no allegation that the challenge was racially motivated.

Appellate Information

  • Decided 02/15/2006
  • Published 02/15/2006

Judges

Court

  • District Court of Appeal of Florida

Counsel

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