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SMITH v. STATE

No. SC09-386.

59 So.3d 1107 (2011)

Anthony E. SMITH, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

March 17, 2011.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Beth C. Weitzner , Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

Pamela J. Bondi , Attorney General, Tallahassee, FL, Richard L. Polin , Bureau Chief, Douglas J. Glaid and Ansley B. Peacock , Assistant Attorneys General, Miami, FL, for Respondent.

PARIENTE, J.

The issue in this case is whether a trial court can deny a party the right to exercise a peremptory strike against a juror where the record does not establish that the juror was a member of a protected class. The decision of the Third District Court of Appeal in Smith v. State, 1 So.3d 352 (Fla. 3d DCA 2009), is in express and direct conflict with our precedent in ...

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