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Jones v. State

Supreme Court of Florida
Jan 23, 1974
289 So. 2d 385 (Fla. 1974)

Opinion

No. 44528.

January 23, 1974.

Appeal from the Circuit Court, Dade County, Edward D. Cowart, J.

Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for appellee.


Affirmed.

CARLTON, C.J., and ROBERTS, McCAIN and DEKLE, JJ., concur.

ERVIN, J., dissents with opinion.

BOYD, J., dissents and concurs with ERVIN, J.


This case involves an attack on the validity of a trial jury by appellant, a criminally charged defendant. He contends F.S. Ch. 40, F.S.A., is invalid on its face because thereunder veniremen are selected for Dade County Criminal juries only from among fully qualified electors who have resided in the State for one year and in Dade County for six months to the exclusion of large numbers of unregistered persons eligible to vote and those purged from the voter rolls in accord with F.S. § 98.081, F.S.A. I find that appellant's contentions appear to have strong support. See Dunn v. Blumstein, 405 U.S. 330, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972) and Hinnant v. Sebesta, Op. 3 judge U.S.Dist.Ct., Middle District of Florida, 363 F. Supp. 398, filed September 12, 1973.

BOYD, J., concurs.


Summaries of

Jones v. State

Supreme Court of Florida
Jan 23, 1974
289 So. 2d 385 (Fla. 1974)
Case details for

Jones v. State

Case Details

Full title:JAMES L. JONES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:Supreme Court of Florida

Date published: Jan 23, 1974

Citations

289 So. 2d 385 (Fla. 1974)

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