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3rd DCA ROUNDUP

By "Captain Liberty" and "Rumpole"

Quiet week at the 3rd DCA. Not much to report except these three gems:Braggs v. State.  Generic case law here on the issue of Melbourne and striking jurors during voire dire. BUT- talk about pulling victory from the jaws of defeat!! The court initially reversed the conviction because the trial judge left out parts of the mandated ?Melbourne analysis?. But after reading the opinion the prosecutor contacted the court reporter who reviewed her notes and the transcript and realized the typist left out many words and phrases during the trial court?s ruling on the striking of the juror. With the new transcript, the prosecution filed a motion for a re-hearing and the 3rd DCA quickly reversed their reversal and affirmed. (try saying that 3 time fast)...continue to full post

Full post as published by Justice Building Blog on June 12, 2009 (boomark / email).