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State v. Ivey

Supreme Court of Florida

December 5, 2019

STATE OF FLORIDA, Petitioner,
v.
SHAWNEST ANGELO IVEY, Respondent.

         NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

          Application for Review of the Decision of the District Court of Appeal - Direct Conflict of Decisions/Certified Great Public Importance First District - Case No. 1D15-5803 (Jackson County)

          Ashley Moody, Attorney General, and Trisha Meggs Pate, Bureau Chief, and Virginia Harris, Assistant Attorney General, Tallahassee, Florida, for Petitioner

          Andy Thomas, Public Defender, and Jennifer LaVia, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Respondent

          CANADY, C.J.

         In this case, we consider whether defense counsel's objection to the State's peremptory challenge of a juror was preserved for appeal. More particularly, we address whether the defense's objection to a peremptory strike was properly renewed before the jury was sworn.

         We have for review the decision of the First District Court of Appeal in Ivey v. State, 42 Fla.L.Weekly D2004, 2017 WL 4018836 (Fla. 1st DCA Sept. 13, 2017), reh'g denied, 43 Fla.L.Weekly D413, 2018 WL 944653 (Fla. 1st DCA Feb. 20, 2018). The district court certified the following question to be of great public importance:

HAS A DEFENDANT WHO ACCEPTS A JURY, BUT RENEWED A PREVIOUSLY-RAISED OBJECTION TO A STATE PEREMPTORY CHALLENGE AFTER THE CHALLENGED JUROR HAS BEEN EXCUSED BUT BEFORE THE JURY IS SWORN, WAIVED THAT OBJECTION?

Ivey, 43 Fla.L.Weekly at D413. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The district court answered this question in the negative.

         In framing the question as it did, the First District assumed that the objection to the peremptory strike was properly renewed based on the request for a nonspecific standing objection, even though the defense had previously accepted the jury without reservation. But we conclude that the dispositive issue here is whether the objection was renewed at all. This issue was raised below, see Ivey, 42 Fla.L.Weekly at D2004, and was adequately briefed. It is therefore appropriate for our review. See Tillman v. State, 471 So.2d 32, 35 (Fla. 1985) ("In order to be preserved for further review by a higher court, an issue must be presented to the lower court . . . ."); Savoie v. State, 422 So.2d 308, 312 (Fla. 1982) ("[O]nce this Court has jurisdiction of a cause, it has jurisdiction to consider . . . other issues [that] have been properly briefed and argued and are dispositive of the case."). In line with our analysis, we rephrase the certified question as follows:

DOES A REQUEST FOR A STANDING OBJECTION TO NONSPECIFIC THINGS PREVIOUSLY OBJECTED TO IN PRELIMINARY PROCEEDINGS RENEW A SPECIFIC OBJECTION TO A PEREMPTORY CHALLENGE WHEN THE DEFENSE HAS PRIOR TO THAT REQUEST ACCEPTED THE JURY WITHOUT RESERVATION?

         We answer the rephrased question in the negative and quash the decision on review.

         I. BACKGROUND

         Respondent, Shawnest Angelo Ivey, faced trial on charges of possession of XLR11 (also known as K2, spice, or synthetic marijuana) and possession of methamphetamine. "After the close of voir dire, but before" the jury was finalized, the State moved to peremptorily strike prospective juror number 46, Ms. Sherman. Ivey, 42 Fla.L.Weekly at D2004. Noting that Sherman was the only African-American member of the jury ...


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