Frederick v. State
The Fourth DCA reversed a misdemeanor conviction because the trial court refused to allow defense counsel to backstrike a juror using an unused peremptory challenge before the jury was sworn. The court held that this refusal was an abuse of discretion and per se reversible error under Gilliam v. State, since the right to challenge a juror persists until the jury is sworn regardless of prior panel acceptance.
Key facts
- Defendant Frederick was convicted of a misdemeanor in trial court.
- After the jury panel was accepted but before the jury was sworn, the trial court refused to allow defense counsel to use an unused peremptory challenge to backstrike a juror.
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Why it matters
This opinion reaffirms and applies the well-established but frequently litigated rule that backstriking rights survive panel acceptance until the jury is sworn, and that violation of this right is per se reversible… — full analysis with a trial
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