Case Citator › State v. Neil

State v. Neil

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of Florida
Citation
457 So. 2d 481
Decided
Confirmed treatments
1
Flagged citations read
39 of 39
Citing cases (total)
39
Treatment dates
1993
Overruled in part
A reviewed court has overruled part of this case’s holding. State v. Neil was overruled in part: Florida no longer requires a showing of a strong likelihood of racial discrimination before a trial judge must inquire into an objected-to peremptory strike. The Florida Supreme Court made that change prospectively in State v. Johans.
More on how this was screened

Neil's ban on race-based strikes remains in force. All 39 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

39 later cases cite State v. Neil; 39 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on State v. Neil?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Florida Supreme Court removed Neil's strong-likelihood threshold for a racial-discrimination inquiry when a party objects to a peremptory strike, applying the new rule prospectively.

    State v. Johans · Supreme Court of Florida · filed

    Accordingly, we hold that from this time forward a Neil inquiry is required when an objection is raised that a peremptory challenge is being used in a racially discriminatory manner. We recede from Neil and its progeny to the extent that they are inconsistent with this holding.
    Read the full opinion on CourtListener →

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