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Justice Act Operates Differently When Juror Wrongly Seated

Div. Three of the Fourth District Court of Appeal held yesterday, in a matter of first impression, that a provision of the Racial Justice Act, providing that an error relating to the ruling on an objection to the exercise of a peremptory challenge is to be “deemed prejudicial,” only applies when a prospective panelist is wrongly excluded from service and not when the juror is improperly seated.

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