Case Citator › State v. Slappy

State v. Slappy

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

Overruled in part
Court
Supreme Court of Florida
Citation
522 So. 2d 18
Decided
Confirmed treatments
2
Flagged citations read
41 of 41
Citing cases (total)
41
Treatment dates
1993–1996
Overruled in part
A reviewed court has overruled part of this case’s holding. State v. Slappy was overruled in part on the procedure for reviewing race-based jury strikes. All 41 flagged citations have been read.
More on how this was screened

The 2 confirmed changes are listed below: State v. Johans removed the initial showing of discrimination before an inquiry, and Melbourne v. State replaced Slappy's requirement that a neutral explanation be reasonable with a test of whether it is genuine. Courts continue to use Slappy's factors for assessing pretext. The short opinion in Owen v. State applies Slappy but was below the normal length for automated review; it was read directly. The returned State v. Bowers opinion contains no Slappy citation, and one State v. Whitby document omits the concurrence found in the other returned version. Neither shows another adverse holding.

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.

41 later cases cite State v. Slappy; 41 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. Slappy?

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 the initial showing of racial discrimination before a trial judge inquires into a challenged peremptory strike.

    State v. Johans · Supreme Court of Florida · filed

    Compare State v. Slappy, 522 So.2d 18 (Fla.) (number alone is not dispositive, nor even the fact that a member of the minority in question has been seated as a juror or alternate) ... 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 →

  • The Florida Supreme Court replaced Slappy's requirement of a reasonable nonracial explanation with a test of whether the explanation is genuine.

    Melbourne v. State · Supreme Court of Florida · filed

    To the extent that Slappy and its progeny require a "reasonable" rather than a "genuine" nonracial basis for a peremptory strike, we recede from those cases.
    Read the full opinion on CourtListener →

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