Summary
In Hackman v. City of St. Petersburg, 632 So.2d 84, 85 (Fla. 2nd DCA 1993), the allegation was that the "jury may have overheard statements made by the judge from the bench while the jury was seated in the jury room and also when seated in the jury box."
Summary of this case from Johnston v. StateOpinion
No. 93-03203.
December 10, 1993. Rehearing Denied February 10, 1994.
Petition from the Circuit Court, Pinellas County, David Seth Walker, J.
Robert H. Dillinger, St. Petersburg, for petitioners.
Michael S. Davis, City Atty., and Pamela D. Cichon, Asst. City Atty., St. Petersburg, for respondent.
In this certiorari proceeding, we review an order permitting a jury interview. We grant relief and quash the order.
The respondent contends that the jury may have overheard statements made by the judge from the bench while the jury was seated in the jury room and also when seated in the jury box. The motion to interview and supporting affidavits are speculative at best. As such, they fail to establish a legally sufficient reason to interview the jurors. See Baptist Hospital of Miami, Inc. v. Maler, 579 So.2d 97 (Fla. 1991) ( clarifying State v. Hamilton, 574 So.2d 124 (Fla. 1991), and holding that mere possibility of juror misconduct consisting of improper reliance on nonrecord evidence insufficient to grant interview).
Petition granted.
RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur.