Miami, FL
Criminal defense Lawyer at Miami, FL
Practice Areas: Criminal Defense, Federal Crime
OUTCOME: Per Curiam Affirmed Discharge of Defendant
Affirmed. See Roberts v. Lando, 652 So. 2d 1226 (Fla. 3d DCA 1995) (holding that where counsel did not receive notice of trial date, defendant and his counsel were continually available for trial and c ... ontinuance should not have been charged to defendant for purposes of speedy trial).
OUTCOME: Reversal of Conviction
Khaled Abu Hamdeh ("defendant"), appeals his conviction and sentence for second-degree murder. Because the trial court erred in refusing to allow a peremptory strike, we reverse. The defendant shot ... and killed African-American Charles Nelson ("victim") in the Scott's Market store, located in Liberty City. Immediately after the shooting, the police questioned the defendant. The defendant, who owned Scott's Market, claimed that he shot the victim in self-defense. The police released the defendant, which resulted in outrage in the African-American community with concomitant rioting in the neighborhood. This highly publicized shooting was featured on television and in a number of newspaper articles. Thereafter, the State filed an information charging the defendant with second degree murder. At trial, during voir dire, defense counsel questioned prospective jurors regarding their exposure to pretrial publicity. Upon questioning, African-American juror, Zealous Newton ("Newton"), stated that he had heard about the case from the news and from friends who lived near the crime scene. Defense counsel then attempted to exercise a peremptory challenge to excuse Newton. The State noted that Newton was an African-American and sought an explanation for the challenge. Defense counsel responded, stating that the challenge concerned Newton's extrajudicial knowledge of the case: [Newton] is familiar with the Scott's Market area. He is familiar with the case. He basically did his own investigation when he went out and talked to people in the community, spoke about the facts of the case. I think that is more than sufficient reason to strike him. *1032 The trial court denied the strike. Defense counsel then pointed out that defense peremptory challenges had been used to excuse every single juror, regardless of race, who had been exposed to information about the case. The trial court responded: "I think you heard the Court's ruling." The case proceeded to trial, and the jury found the defendant guilty as charged. The defendant appeals his conviction and sentence claiming, inter alia, that the trial court erred in denying the peremptory challenge to excuse juror Newton. We agree.
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