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State v. Silva

Supreme Court of Florida

February 22, 1972

No. 42051


 [*155]  In accordance with Rule 4.6, Florida Appellate Rules, 32 F.S.A., the Honorable Milton A. Friedman, one of the Judges of the Circuit Court for Dade County, Eleventh Judicial Circuit of Florida, has certified to this Court for instruction the questions of law set forth below. The pertinent portion of the Certificate reads as follows:


"The defendant Silva, has been charged by Indictment with the offense of rape pursuant to Florida Statute 794.01 to which charge the defendant has entered his plea of not guilty. Prior to arraignment, the defendant Silva, with leave of the Trial Court, reserved the right subsequent to arraignment to file Motions to Dismiss the Indictment. Subsequent to arraignment of this cause and prior to trial,  [**2]  said motion to dismiss or in the alternative to exclude the jury panel was filed pursuant to FRCrP 3.300, F.S. § 40.01(1), (3), and F.S. § 97.041. Subsequently, the said motion to dismiss the Indictment or in the alternative to exclude the entire jury panel was amended. The Trial Court requested memoranda of law from both parties and subsequently perused said memoranda, heard oral argument of counsel for the State and counsel for the Defendant, and pursuant to a stipulation between counsel for the State and counsel for the Defendant, examined the depositions of both Dade County Jury Commissioners, Thomas Lummus, Esq., (taken in the Eleventh Judicial Circuit  [*156]  Court Case, Criminal #2844, State of Florida v. Kelsey Bethel) and Joseph D'Apice (taken in the Eleventh Judicial Circuit Court Case, Criminal #2866, State of Florida vs. George Silva), which said depositions are attached hereto for the record on certification.

"The Trial Court made the following findings of fact in regards to the certified questions of law:

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259 So. 2d 153 *; 1972 Fla. LEXIS 3942 **

STATE of Florida, Plaintiff, v. George SILVA, Defendant


jurors, proportional, qualifications, voters, intelligence, colored, certification, registered, systematic, random, older, sex, twenty-one, invalid

Criminal Law & Procedure, Appeals, Appellate Jurisdiction, Certified Questions, Postconviction Proceedings, Arrest of Judgment, Challenges to Jury Venire, Equal Protection Challenges, General Overview, Motions for New Trial, Constitutional Law, Equal Protection, Nature & Scope of Protection, Governments, Courts, Court Personnel, Fundamental Rights, Criminal Process, Right to Jury Trial, Civil Procedure, Jurors, Selection, Jury Trials, Elections, Terms & Voting, Voting Age, Legislation, Enactment, Civil Rights Law, Protection of Rights, Voting Rights, Gender & Sex Discrimination, Vagueness