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Jaffe v. Applebaum9/25/2002
a juror's competence, the test is `whether the juror can lay aside any bias or prejudice and render [his or her] verdict solely upon the evidence presented and the instructions on the law given [to him or her] by the court.' [citation omitted.] If there is any reasonable doubt about the juror's ability to be impartial, he should be excused. `Close cases should be resolved in favor of excusing the juror rather than leaving a doubt as to his or her impartiality.' Chapman v. State, 593 So. 2d 605, 606 (Fla. 4th DCA 1992)(quoting Sydelman v. Benson, 463 So. 2d 533 (Fla. 4th DCA 1985)).
Mr. Minker candidly admitted that he owed his life to his surgeon and plastic surgeon . He also admitted that because of this experience, appellants would be starting out with a half strike against them. In addition he believed a person who undergoes elective cosmetic surgery is a "fool." We conclude that juror Minker's responses were sufficient to create a reasonable doubt as to his impartiality. We recognize that neither party attempted to rehabilitate juror Minker by asking him whether he could set aside his feelings and base his verdict on the evidence and the law as given to him by the court. However, we also conclude that any attempt to rehabilitate juror Minker would have been futile in light of his responses to appellants' questions. See Franco v. State, 777 So. 2d 1138 (Fla. 4th DCA 2001).
Accordingly, we hold the trial court abused its discretion when it denied appellants' motion to strike juror Minker for cause. We, therefore, reverse and remand this cause for a new trial.
REVERSED AND REMANDED.
KLEIN and SHAHOOD, JJ., concur.
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