LOWE v. STATE

No. 97-3775.

718 So.2d 920 (1998)

Yvonne LOWE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 1, 1998.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for Appellee.


FARMER, Judge.

We reverse and remand for a new trial because the trial judge abused his discretion in failing to excuse a juror for cause. This error was aggravated by the trial judge's unwarranted and inappropriate attacks on defense counsel beginning during voir dire and continuing throughout the trial.

The juror in question revealed an undeniable misunderstanding of the presumption of innocence. He stated several times that the defense would have to refute...

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