Summarily - A Podcast for Busy Lawyers

Part 1: Jury DEselection FREE CLE (w/ Mariano Garcia)

February 27, 2023 Robert Scavone Jr. Episode 51
Summarily - A Podcast for Busy Lawyers
Part 1: Jury DEselection FREE CLE (w/ Mariano Garcia)
Show Notes

This is part 1 of a 2-part FREE CLE series on jury DEselection. The course has also been approved for civil trial certification credit. The course title is "Voir Dire: Preparation to Preservation." The course number is 2302057N.

Mariano Garcia is a board-certified civil trial lawyer and shareholder at Searcy Denney Scarola Barnhart and Shipley, where he focuses on medical malpractice, personal injury, and product liability cases. He has achieved an AV rating for the highest level of professional ability and ethics from Martindale Hubbell. Mariano is a member of the Million Dollar and Multi-Million Dollar Advocates Forum and the American Board of Trial Advocates and has been selected to Florida Super Lawyers since 2011.

Patrick Quinlan is the training director at the State Attorney’s Office in Palm Beach County, where he earned the ASA of the Year Award in 2020. In addition to his experience as a prosecutor, Pat gained significant civil litigation experience at the Palm Beach County Attorneys’ Office and as Mariano’s colleague at Searcy Denney.

Opinions referenced:

  • Cassaday v. State, 289 So. 3d 915 (Fla. 4th DCA 2020) (flexibly time limits on voir dire); see also Hopkins v. State, 223 So. 3d 285 (Fla. 4th DCA 2017); Strachan v. State, 279 So. 3d 1231 (Fla. 4th DCA 2019); Anderson v. State, 739 So. 2d 642 (Fla. 4th DCA 1999).
  • Frogel v. Philip Morris USA, Inc., 305 So. 3d 793 (Fla. 4th DCA 2020) (trial court ruling on cause challenge reviewed de novo where ruling based entirely on written questionnaire). 
  • Peters v. State, 874 So. 2d 677 (Fla. 4th DCA 2004) (cautionary tale about trying to rehabilitate a prospective juror); see also Jaffe v. Applebaum, 830 So. 2d 136 (Fla. 4th DCA 2002); Matarranz v. State, 133 So. 3d 473 (Fla. 2013).
  • Minor v. State, 763 So. 2d 1169 (Fla. 4th DCA 2000) (hypotheticals are generally permitted so long as the hypo does not involve the facts of the case and does not ask the prospective jurors to commit to a specific verdict).
  • Matarranz v. State, 133 So. 3d 473 (Fla. 2013) (steps to preserve trial court's refusal to allow additional preemptory challenge; rehabilitation). 

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