Salomon v. State
The Fourth DCA reversed a sexual battery conviction after finding the trial court erred in denying a for-cause challenge to a prospective juror who stated he would give more credibility to child witnesses than adults. Applying its prior Campbell v. State precedent, the majority held this was per se reversible error under Trotter v. State because the defense exhausted peremptories, requested and was denied an additional strike, and identified an objectionable juror who then served. Judge Artau dissented, arguing the per se rule cannot survive the Florida Supreme Court's Seadler decision applying harmless error review to erroneous cause-challenge denials in civil cases, and would have certified the conflict as a question of great public importance.
Key facts
- Defendant Salomon was convicted of sexual battery in the trial court.
- During jury selection, a prospective juror stated he would give more credibility to child witnesses than adult witnesses; the trial court denied the defense's for-cause challenge to remove him.
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Why it matters
This opinion reaffirms and applies Florida's per se reversible error rule for erroneously denied for-cause juror challenges in criminal cases, providing a clear template for preservation and appellate relief when a… — full analysis with a trial
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