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Essix v. State

District Court of Appeal of Florida, Third District
Jul 8, 1977
347 So. 2d 664 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-477.

May 31, 1977. Rehearing Denied July 8, 1977.

Appeal from the Dade County Circuit Court, Alan R. Schwartz, J.

Horton, Perse Ginsberg and Arnold R. Ginsberg, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Margarita Esquiroz, Asst. Atty. Gen., for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.


Defendant, Robert Essix, appeals his conviction for first degree murder and robbery, and argues that the trial judge unduly restricted the length and scope of defense counsel's voir dire examination of the prospective jurors. We find no merit in this argument.

The extent to which parties may be permitted to go in examining prospective jurors on voir dire is subject to the sound discretion of the trial judge, the exercise of which will not be interfered with unless it is clearly abused. Mizell v. New Kingsley Beach, Inc., 122 So.2d 225 (Fla. 1st DCA 1960); Barker v. Randolph, 239 So.2d 110 (Fla. 1st DCA 1970).

The record demonstrates that the trial judge not only permitted defense counsel to engage in extensive voir dire examination, but also granted him wide latitude with respect to the scope of that examination. Furthermore, defense counsel exhausted all peremptory challenges to which he was entitled and expressed to the trial judge his satisfaction with the jury which was ultimately sworn.

Affirmed.


Summaries of

Essix v. State

District Court of Appeal of Florida, Third District
Jul 8, 1977
347 So. 2d 664 (Fla. Dist. Ct. App. 1977)
Case details for

Essix v. State

Case Details

Full title:ROBERT B. ESSIX, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 8, 1977

Citations

347 So. 2d 664 (Fla. Dist. Ct. App. 1977)

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