State v. Bethel
268 So. 2d 557, 1972 Fla. App. LEXIS 6041 (1972)
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Rule of Law:
Under Florida Rule of Criminal Procedure 3.300, a defendant waives the right to challenge the composition of a jury panel if they fail to file a written challenge, or obtain a court order permitting a later challenge, before the examination of any individual juror begins.
Facts:
- During the defendant's trial, attorneys questioned potential jurors and a twelve-member jury was tentatively selected.
- After this tentative selection but before the jury was sworn in, the defendant's counsel made an oral request for leave to present a challenge to the entire jury panel.
- The court proceeded to swear in the jury without ruling on the request.
- The trial then proceeded to its conclusion with the selected jury.
- The court granted the defendant's counsel permission to formally raise the challenge to the panel in a motion for a new trial after the verdict was rendered.
Procedural Posture:
- The defendant was tried in the circuit court of Dade County.
- A jury found the defendant guilty.
- The trial court entered a judgment of guilt and sentence on December 30, 1971.
- On January 10, 1972, the defendant filed a motion for a new trial and a separate motion challenging the jury panel.
- The defendant later filed an amended motion for new trial, which incorporated the jury panel challenge.
- Relying on the recent decision in State v. Silva, the trial court granted the defendant's motion for a new trial, finding the challenge to the panel had been properly preserved.
- The state, as appellant, appealed the trial court's order granting a new trial to the appellate court.
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Issue:
Does a defendant waive the right to challenge a jury panel by failing to file a written challenge before individual jurors are examined, thereby precluding a post-verdict challenge, even if the trial court gave permission to raise the issue later?
Opinions:
Majority - Carroll, Judge
Yes, a defendant waives the right to challenge the jury panel by not raising it in writing before jury examination commences. Rule 3.300 of the Florida Rules of Criminal Procedure explicitly states that challenges to the panel must be made and decided before any individual juror is examined, unless the court orders otherwise. The court interprets this to mean that any such order must also be made before juror examination begins. Citing State v. Silva, the court affirmed that an objection to the panel is too late after a verdict and has no place in a motion for new trial. Allowing a defendant to wait until after an unfavorable verdict to challenge the panel would permit them to gamble on an acquittal and then seek to nullify the outcome if they lose, which undermines the finality and efficiency of the legal process.
Analysis:
This decision strictly construes procedural rules governing the timing of jury challenges, establishing a clear waiver rule. It solidifies the principle that objections to the composition of a jury panel must be raised at the earliest possible stage of the proceedings. The ruling prevents litigants from engaging in 'sandbagging'—withholding a known objection to see if the trial outcome is favorable before deciding whether to raise it. This reinforces the importance of procedural timeliness to ensure judicial efficiency and the finality of verdicts.
