Supreme Court of Florida March 17, 2011, No. SC09-386 (Smith v. State)

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United States · · · 17-03-2011

POLSTON, J.,

dissenting.

I agree with the majority that a juror’s surname by itself does not indicate that the person is a member of a distinct racial group. See State v. Alen, 616 So.2d 452 (Fla.1993). But the majority seriously errs by expanding its ruling beyond the conflict issue and dramatically changing the landscape of jury selection.

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