Velazquez v. State
The Sixth DCA rejected an unpreserved challenge to Florida's six-person jury system for non-capital felonies, holding that Williams v. Florida remains binding precedent despite the U.S. Supreme Court's grant of certiorari in Kian v. Florida to reconsider that holding. The court affirmed, finding no error—let alone fundamental error—because trial courts and appellate courts must follow existing binding precedent until it is actually overruled.
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Key facts
- Defendant was convicted in a Florida trial court of a non-capital felony and tried before a six-person jury.
- On appeal, defendant challenged the constitutionality of Florida's six-person jury system for non-capital felonies, arguing the U.S. Supreme Court's grant of certiorari in Kian v. Florida signaled that Williams v. Florida would be overruled.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to practitioners because it confirms that Florida's six-person jury system remains valid and enforceable notwithstanding the Supreme Court's cert grant in Kian v. Florida, meaning six-person jury… — full analysis with a trial
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