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DORSEY v. STATE

No. SC02-531.

868 So.2d 1192 (2003)

Dwayne Curtis DORSEY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied March 12, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Michael J. Neimand, Bureau Chief, and Paulette R. Taylor, Assistant Attorney General, Miami, FL, for Respondent.

PARIENTE, J.

The issue we address in this case is a narrow one: whether a party's observation of a juror's nonverbal behavior may constitute a genuine, race-neutral reason for a peremptory challenge when the purported behavior is challenged by the opposing party and was neither observed by the trial court nor otherwise supported by the record. In the case before us, Dorsey v. State, 806 So.2d 559 (Fla. 3d DCA 2002), the Third...

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