Moses McCray, Petitioner v. State of Florida, Respondent

Summary

The court held that a defendant has no automatic right to withdraw a previously exercised peremptory challenge after exhausting all such challenges and after the opposing party accepts the jury panel. The trial court acted within its discretion in denying McCray's request because the State had relied on the disclosed jury-selection strategy and allowing the change would have prejudiced it. The court nevertheless rejected a blanket rule barring withdrawal in every circumstance before the jury is sworn, recognizing that unusual or extenuating circumstances may justify it.