Salmon v. State
Appellant convicted of attempted manslaughter and robbery with a firearm argued that being tried by a jury of fewer than twelve people for a life-felony violated his Sixth Amendment right to trial by jury. The First DCA rejected the argument, reaffirming that Williams v. Florida remains controlling precedent permitting six-person juries, despite Justice Gorsuch's recent dissent from denial of certiorari in Khorrami v. Arizona criticizing that holding.
Key facts
- Appellant was convicted of attempted manslaughter and robbery with a firearm and tried before a six-person jury.
- Appellant appealed, arguing that being tried by a jury of fewer than twelve people for a life felony violated his Sixth Amendment right to trial by jury.
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Why it matters
This opinion is useful for practitioners because it directly addresses and rejects a constitutional challenge to Florida's six-person jury system that has gained renewed attention following Justice Gorsuch's dissent in… — full analysis with a trial
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