Fucci v. State
A juvenile defendant charged with first-degree murder sought certiorari review of a trial court order empaneling a six-person jury instead of twelve, arguing the charge was capital in nature. The Fifth District dismissed the petition as moot because the defendant pleaded guilty and waived his right to a jury trial before the court ruled, and alternatively held he could not show irreparable harm or a departure from the essential requirements of the law. The court reaffirmed that under Walling v. State and State v. Dagostino, a defendant who is constitutionally ineligible for the death penalty due to age is entitled only to a six-person jury even on a nominally capital charge.
Key facts
- Juvenile defendant was charged with first-degree murder and sought certiorari review challenging a trial court order empaneling a six-person jury instead of twelve.
- Defendant argued he was entitled to a twelve-person jury because the charge was capital in nature, but pleaded guilty and waived his right to a jury trial before the court ruled on his petition.
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Why it matters
This opinion reinforces that a guilty plea waiving jury trial rights moots any pending certiorari challenge to jury-selection orders, a useful procedural point for appellate practitioners handling interlocutory criminal… — full analysis with a trial
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