Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 913.08 | Lawyer Caselaw & Research
F.S. 913.08 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 913.08

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 913
TRIAL JURY
View Entire Chapter
F.S. 913.08
913.08 Number of peremptory challenges.
(1) The state and the defendant shall each be allowed the following number of peremptory challenges:
(a) Ten, if the offense charged is punishable by death or imprisonment for life;
(b) Six, if the offense charged is punishable by imprisonment for more than 12 months but is not punishable by death or imprisonment for life;
(c) Three, for all other offenses.
(2) If two or more defendants are tried jointly, each defendant shall be allowed the number of peremptory challenges specified in subsection (1), and the state shall be allowed as many challenges as are allowed to all of the defendants.
History.s. 189, ch. 19554, 1939; CGL 1940 Supp. 8663(196); s. 86, ch. 70-339.

F.S. 913.08 on Google Scholar

F.S. 913.08 on Casetext

Amendments to 913.08


Arrestable Offenses / Crimes under Fla. Stat. 913.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 913.08.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MCCRAY, v. STATE, 220 So. 3d 1119 (Fla. 2017)

. . . State, 894 So.2d 88, 98 (Fla. 2004) (citing §§ 913.03, 913.08, Fla. Stat. (2003)). . . .

R. JACKSON, v. STATE, 213 So. 3d 754 (Fla. 2017)

. . . ANALYSIS Guilt Phase Peremptory Challenges Jackson alleges that section 913.08, Florida Statutes (2007 . . . Section 913.08 is rationally related to a legitimate interest in providing fair and efficient trials. . . . Therefore, we reject his facial constitutional challenge to section 913.08. . . . Jackson also alleges that section 913.08 is unconstitutional as applied to him because the trial court . . . Therefore, Jackson’s as-applied challenge to the constitutionality of section 913.08 also fails. . . .

BLAKE, v. STATE v. H., 180 So. 3d 89 (Fla. 2014)

. . . See § 913.08(l)(a), Fla. Stat. (2005). : B. . . .

MATARRANZ, v. STATE, 133 So. 3d 473 (Fla. 2013)

. . . Section 913.08(10) points to the fundamental role of the trial court in assessing the credibility of . . .

LaVALLEY, v. STATE, 30 So. 3d 513 (Fla. Dist. Ct. App. 2009)

. . . The majority properly resolves this case by applying the plain language of section 913.08, Florida Statutes . . . The statute, section 913.08(1), Florida Statutes, specifies that the number of challenges is determined . . . Pursuant to section 913.08(1), Florida Statutes (2006), and Florida Rule of Criminal Procedure 3.350( . . . Section 913.08 and rule 3.350 link the number of peremptory challenges to the “offense charged,” in the . . .

VICTORINO, v. STATE, 23 So. 3d 87 (Fla. 2009)

. . . See also § 913.08, Fla. Stat. (2005). . . .

KOPSHO, v. STATE, 959 So. 2d 168 (Fla. 2007)

. . . See § 913.08(l)(a), Fla. Stat. (2000). . . .

BUCHANAN, v. STATE, 927 So. 2d 209 (Fla. Dist. Ct. App. 2006)

. . . Section 913.08 of the Florida Statutes (2005) is in accord: 913.08. . . . . § 913.08(1), Fla. Stat. (2005). . . . We interpret section 913.08(l)(a)’s reference to the punishment for the “offense charged” to pertain . . .

BUSBY, v. STATE, 894 So. 2d 88 (Fla. 2004)

. . . He did so by using one of the ten statutory peremptory challenges given to him in section 913.08(l)(a . . . criminal trials, peremptory challenges are granted equally to the State and to the defendant by section 913.08 . . . See §§ 913.03; 913.08, Fla. Stat. (2003). . . . See § 913.08(1), Fla. Stat. (2003). . . . peremptory challenges at the expense of the other in contravention of the plain language of section 913.08 . . .

COX, v. STATE, 764 So. 2d 711 (Fla. Dist. Ct. App. 2000)

. . . The statute applicable, section 913.08, provides in pertinent part: (1) The state and the defendant shall . . . See Smellie, 720 So.2d at 1132 (“We interpret section 913.08(1)(a)’s reference to the punishment for . . .

WHITAKER, v. STATE, 784 So. 2d 448 (Fla. Dist. Ct. App. 1999)

. . . contends that the trial court erred in denying him ten peremptory challenges as prescribed by Section 913.08 . . . Section 913.08(1) provides: (1) The state and the defendant shall each be provided with the following . . . If we were to adopt the defendant’s construction of Section 913.08(1), we would achieve “the incongruous . . .

SMELLIE, v. STATE, 720 So. 2d 1131 (Fla. Dist. Ct. App. 1998)

. . . As to the first issue, section 913.08(1), Florida Statutes (1997), provides in relevant part: The state . . . We interpret section 913.08(l)(a)’s reference to the punishment for the “offense charged” to pertain . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . The suggested rule is a transcription of section 913.08, Florida Statutes, excluding subdivision (5), . . .

KIBLER, v. STATE, 546 So. 2d 710 (Fla. 1989)

. . . . § 913.08, Fla.Stat. (1987). The picking of a jury is an art, not a science. . . .

STEWART, v. L. DUGGER, As, 847 F.2d 1486 (11th Cir. 1988)

. . . . § 913.08 (West 1985); Fla.R.Crim.P. 3.350 (West 1975 and Supp.1987). . . .

LIVINGSTON, v. STATE, 512 So. 2d 223 (Fla. Dist. Ct. App. 1987)

. . . . § 913.08 the court considering consolidated cases held, “ * * the number of challenges * * * would . . .

KOENIG, v. STATE, 497 So. 2d 875 (Fla. Dist. Ct. App. 1986)

. . . examination of the relationship between the defendant’s peremptory challenge right guaranteed by Section 913.08 . . . Section 913.08 provides in pertinent part: “(1) The State and the defendant shall each be allowed the . . .

STATE v. NEIL, NEIL, v. STATE, 457 So. 2d 481 (Fla. 1984)

. . . . § 913.08, Fla.Stat. (1983). . . . .

L. ANDREWS, v. STATE, 438 So. 2d 480 (Fla. Dist. Ct. App. 1983)

. . . Recommended Action: (A) Expand pool of eligible jurors, (B) Revise Florida Statute 913.08 by reducing . . .

CAPERS, v. STATE, 433 So. 2d 1323 (Fla. Dist. Ct. App. 1983)

. . . State, 370 So.2d 1191 (Fla. 3d DCA 1979); § 913.08(10), Fla.Stat. (1981). . . .

WILSON, v. STATE, 304 So. 2d 119 (Fla. 1974)

. . . by attacking vel non (and as applied) the trial judge’s ruling upholding the constitutionality of § 913.08 . . .

JOHNSON, v. STATE, 222 So. 2d 191 (Fla. 1969)

. . . . § 913.08(2), F.S.A. to receive only the six peremptory challenges he received and that the two additional . . . State, supra, which discussed F.S. § 913.08 the court considering consolidated cases held, “ * * * the . . . the trial judge may limit peremptory challenges to the number designated for single cases in F.S. § 913.08 . . .

KELLEY, v. STATE, 212 So. 2d 27 (Fla. Dist. Ct. App. 1968)

. . . Each defendant was entitled to sixteen peremptory challenges under Section 913.08, Florida Statutes, . . .

BRANCH v. STATE, 212 So. 2d 29 (Fla. Dist. Ct. App. 1968)

. . . Each defendant was entitled to sixteen peremptory challenges under Section 913.08, Florida Statutes, . . .

JOHNSON, v. STATE, 206 So. 2d 673 (Fla. Dist. Ct. App. 1968)

. . . THE COURT: Yes, 913.08. MR. MENSH: Yes, sir. . . . Sec. 913.08 F.S. . . . Sec. 913.08 F.S.A. for a capital case. . . . Sec. 913.08, Florida Statutes 1953, and F.S.A. . . . Sec. 913.08 F.S.A. in a misdemeanor case. . . . Stats., § 913.08, F.S.A. . . . It provides: “913.08 Number of peremptory challenges The state and the defendant shall each be allowed . . . Sec. 913.08, Florida Statutes 1953, and F.S.A. . . .

COSTANTINO, v. STATE, 203 So. 2d 647 (Fla. Dist. Ct. App. 1967)

. . . The appellant has also argued that under § 913.08(2) Florida Statutes, F.S.A., he should have been allowed . . .

COLLINS, Jr. v. STATE, 197 So. 2d 574 (Fla. Dist. Ct. App. 1967)

. . . Section 913.08 2T.S.A. provides: “The state and the defendant shall each be allowed the following number . . .

In FLORIDA RULES OF CRIMINAL PROCEDURE, 196 So. 2d 124 (Fla. 1967)

. . . Committee Note: The suggested rule is a transcription of FS 913.08, excluding subdivision (5), which . . .

SWAIN v. ALABAMA, 380 U.S. 202 (U.S. 1965)

. . . . §913.08 (1963); Ga. Code Ann. § 59-805 (1937); Ill. Ann. . . .

CARNLEY v. COCHRAN, CORRECTIONS DIRECTOR, 369 U.S. 506 (U.S. 1962)

. . . Stat., 1959, § 913.08. It is certain that he could have made no challenge to the panel as a whole. . . .

J. M. BLACKWELDER, v. STATE, 100 So. 2d 834 (Fla. Dist. Ct. App. 1958)

. . . Section 913.08, Florida Statutes, F.S.A., provides that the state and the defendant shall each be allowed . . .

MEADE, Jr. v. STATE, 85 So. 2d 613 (Fla. 1956)

. . . All .the references in the statute, Sec. 913.08, are,to an offense, in the singular, and it is in the . . .

McCOLLUM v. STATE, 74 So. 2d 74 (Fla. 1954)

. . . defendant has exercised 6 of the 10 peremptory challenges allowed by law in a capital case, section 913.08 . . .

NELSON v. WHITE, 83 F. 215 (9th Cir. 1897)

. . . supplies, there remains due to him a balance of nine hundred and forty-three and eight one-hundredths ($913.08 . . .