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Florida Statute 913.10 | Lawyer Caselaw & Research
F.S. 913.10 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 913.10

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 913
TRIAL JURY
View Entire Chapter
F.S. 913.10
913.10 Number of jurors.Twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases.
History.s. 191, ch. 19554, 1939; CGL 1940 Supp. 8663(198); s. 87, ch. 70-339.

F.S. 913.10 on Google Scholar

F.S. 913.10 on Casetext

Amendments to 913.10


Arrestable Offenses / Crimes under Fla. Stat. 913.10
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 913.10.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. WONG,, 271 So. 3d 74 (Fla. App. Ct. 2019)

. . . Section 913.10, Florida Statutes (1985), and Florida Rule of Criminal Procedure 3.270 provide for a twelve-person . . .

LESSARD, v. STATE, 232 So. 3d 13 (Fla. Dist. Ct. App. 2017)

. . . .” § 913.10, Fla. Stat. (2017). . Miller, Six of One Is Not A Dozen of the Other, 146 U. Pa. L. . . . See, e.g., 2017 Florida Senate Bill No. 962, (proposing change to section 913.10, Florida Statutes, to . . .

ORTIZ, v. STATE, 188 So. 3d 113 (Fla. Dist. Ct. App. 2016)

. . . true that first degree murder is a capital felony pursuant to section 782.04(1)(a), and that section 913.10 . . .

JIMENEZ, v. STATE, 167 So. 3d 497 (Fla. Dist. Ct. App. 2015)

. . . qualifications and the number of jurors, not fewer than six, shall be fixed by law”) (emphasis added); § 913.10 . . .

CITY OF JACKSONVILLE, v. R. SMITH, 159 So. 3d 888 (Fla. Dist. Ct. App. 2015)

. . . . § 913.10, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 146 So. 3d 1110 (Fla. 2014)

. . . . § 913.10, Fla. Stat. . . . Definitions for enhanced penalty. § 913.10, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 137 So. 3d 995 (Fla. 2014)

. . . . § 913.10, Fla. Stat. . . .

WALLING, v. STATE, 105 So. 3d 660 (Fla. Dist. Ct. App. 2013)

. . . issues that merit discussion: 1) whether appellant was entitled to a twelve-member jury under section 913.10 . . . Hogan, 451 So.2d 844, 845 (Fla.1984) (“For the purposes of defining ‘capital’ under [section 913.10] . . . Only if the accused can lawfully be put to death does section 913.10 require a twelve-person jury. . . . Section 913.10 has never been interpreted to apply to cases where death was not a legal possibility. . . . In sum, any capital case for purposes of section 913.10 is a case where the death sentence may lawfully . . .

E. GONZALEZ, v. STATE, 982 So. 2d 77 (Fla. Dist. Ct. App. 2008)

. . . Section 913.10, Florida Statutes (2006), is the current law that “fixes” the number of jurors: “Twelve . . . Obviously, the Florida Legislature could address this issue prospectively by amending section 913.10 . . .

SMITH, v. STATE, 857 So. 2d 268 (Fla. Dist. Ct. App. 2003)

. . . The legislature has enacted section 913.10, Florida Statutes to provide that, “Twelve persons shall constitute . . .

L. HALL, v. STATE, 853 So. 2d 546 (Fla. Dist. Ct. App. 2003)

. . . Section 913.10, Florida Statutes, and Florida Rule of Criminal Procedure 3.270 require that 12 persons . . . “Twelve persons shall constitute a jury to try all capital cases_” § 913.10, Fla. . . .

CABBERIZA, v. W. MOORE,, 217 F.3d 1329 (11th Cir. 2000)

. . . . § 913.10 (West 1996), even though they were not facing the death penalty. See State v. . . .

PALAZZOLO, v. STATE, 754 So. 2d 731 (Fla. Dist. Ct. App. 2000)

. . . See § 913.10, Fla. Stat. (1997); Fla. R.Crim. P. 3.270. . . . .

McLAUGHLIN, v. STATE, 721 So. 2d 1170 (Fla. 1998)

. . . enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in s. 913.10 . . .

SMART, v. STATE, 695 So. 2d 448 (Fla. Dist. Ct. App. 1997)

. . . Section 913.10, Florida Statutes, provides that “[tjwelve persons shall constitute a jury to try all . . . The quoted language of section 913.10, Florida Statutes, is restated verbatim in rule 3.270 of the Florida . . .

HOWELL, v. STATE, 687 So. 2d 1339 (Fla. Dist. Ct. App. 1997)

. . . Section 913.10, Florida Statutes (1995), provides that “[tjwelve persons shall constitute a jury to try . . .

J. CHATELOIN, v. K. SINGLETARY,, 89 F.3d 749 (11th Cir. 1996)

. . . . § 913.10 (West 1985). . . .

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

. . . Except for substituting the word “persons” for “men,” the suggested rule is a transcription of section 913.10 . . . Save for certain rewording, the suggested rule is a transcription of section 913.10(2), Florida Statutes . . .

STATE v. L. GRIFFITH,, 561 So. 2d 528 (Fla. 1990)

. . . Section 913.10, Florida Statutes (1985), and Florida Rule of Criminal Procedure 3.270 state that twelve . . .

L. GRIFFITH, v. STATE, 548 So. 2d 244 (Fla. Dist. Ct. App. 1989)

. . . that the defendant’s admitted failure personally to forego the twelve-person jury required by section 913.10 . . .

ALFONSO v. STATE, 528 So. 2d 383 (Fla. Dist. Ct. App. 1988)

. . . Section 913.10, Florida Statutes (1985), and Florida Rule of Criminal Procedure 3.270 provide for a twelve-person . . .

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

. . . A jury of twelve, twice the number required in other criminal cases, is provided in Sec. 913.10, Florida . . .

MELVIN a v. OLD BEN COAL COMPANY, a, 610 F. Supp. 131 (S.D. Ill. 1985)

. . . . § 913.10 (1984); 47 Fed.Reg. 23883 (1982). . . .

COOPER, v. STATE, 453 So. 2d 67 (Fla. Dist. Ct. App. 1984)

. . . Also, Section 913.10, Florida Statutes (1981), and Fla.R.Crim.P. 3.270 provide for a jury of 12 persons . . .

RUSAW, v. STATE, 429 So. 2d 1378 (Fla. Dist. Ct. App. 1983)

. . . defendant contended that the judge erred in ordering a trial by a six-person jury since both section 913.10 . . .

FISCHER, v. STATE, 429 So. 2d 1309 (Fla. Dist. Ct. App. 1983)

. . . Florida Statutes, Section 913.10 provides for twelve person juries to try capital cases and juries of . . .

HOGAN, v. STATE, 427 So. 2d 202 (Fla. Dist. Ct. App. 1983)

. . . Section 913.10, Florida Statutes (1981), and Florida Rule of Criminal Procedure 3.270 are identical and . . .

GROOMES, v. STATE, 401 So. 2d 1139 (Fla. Dist. Ct. App. 1981)

. . . Florida, 399 U.S. 78, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1970), the Supreme Court upheld Section 913.10, . . .

ROTH, v. STATE, 385 So. 2d 114 (Fla. Dist. Ct. App. 1980)

. . . He contends his right to be tried by a twelve-person jury as provided by Section 913.10, Florida Statutes . . .

BALLEW v. GEORGIA, 435 U.S. 223 (U.S. 1978)

. . . . § 913.10 (West 1973); Ky. Rev. Stat. § 29.015 (1971); Mass. Gen. . . .

W. RODGERS, v. STATE, 338 So. 2d 1121 (Fla. Dist. Ct. App. 1976)

. . . Sec. 913.10, Florida Statutes, and Rule 3.270, Florida Rules of Criminal Procedure, provide that six . . .

DONALDSON, v. SACK,, 265 So. 2d 499 (Fla. 1972)

. . . . § 913.10, F.S.A. . Portee v. State, 253 So.2d 866 (Fla.1971). . Fla.Const. art. . . .

C. O MALLEY, v. L. WAINWRIGHT,, 237 So. 2d 813 (Fla. Dist. Ct. App. 1970)

. . . . § 913.10, F.S.A. provides that — “Twelve men shall constitute a jury to try all capital cases, and . . . CfPR 1.270 is identical with the foregoing § 913.10, except that the Rule uses the word “persons” instead . . .

WILLIAMS v. FLORIDA, 399 U.S. 78 (U.S. 1970)

. . . . §913.10 (1) (1967): “Twelve men shall constitute a jury to try all capital cases, and six men shall . . . . § 913.10 (1) (1967). As Mr. . . .

GRISSOM, v. STATE, 237 So. 2d 57 (Fla. Dist. Ct. App. 1970)

. . . By statute (§ 913.10(1), Fla.Stat., F.S.A.), provision is made for capital cases to be tried before a . . .

HEARNS, v. STATE, 223 So. 2d 738 (Fla. 1969)

. . . Section 913.10(1), F.S.A. Rule 1.270, Florida Rules of Criminal Procedure, 33 F.S.A. . . .

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

. . . . §§ 912.01, 913.08, 913.10, 913.10(2), 924.32(2).” In Blackwelder v. . . .

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

. . . : Except for substituting the word “persons” for “men,” the suggested rule is a transcription of FS 913.10 . . . Committee Note: Save for certain rewording, the suggested rule is a transcription of FS 913.10(2), except . . . suggested rule is a transcription of FS 913.08, excluding subdivision (5), which is lifted from FS 913.10 . . .

NEWTON, v. STATE JOHNSTON, v. STATE, 178 So. 2d 341 (Fla. Dist. Ct. App. 1965)

. . . . * * *” § 913.10(2), Fla.Stats., F.S.A. . See Bailey v. . . .

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

. . . A jury of twelve, twice the number required in other criminal cases, is provided in Sec. 913.10, Florida . . .