Hernandez v. State
The Third DCA reversed a domestic battery conviction after finding the trial court abused its discretion under Melbourne v. State by denying the defense's peremptory challenge to a female juror based solely on the fact that the defense had previously attempted to strike another female juror for a different, unrelated reason. The court held that without record support tying the two strikes together into an actual discriminatory pattern, a bare 'second strike against the same protected class' finding cannot sustain a genuineness determination.
Key facts
- Defendant was convicted of domestic battery in trial court after jury trial.
- Defense made peremptory challenges to strike two jurors: one female juror and one male juror, each based on different, gender-neutral reasons related to their understanding of burdens of proof.
- +2 more key facts with a free trial
Why it matters
This decision reinforces that a trial court cannot rely on the mere fact of a prior strike against the same protected class as a substitute for the individualized analysis Melbourne requires; the court must connect the… — full analysis with a trial
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