Supreme Court of Florida
Tavares W. Spencer, Jr., Petitioner v. State of Florida, Respondent.
January 25, 2018238 So. 3d 708
Summary
The court approved the affirmance of Spencer’s convictions but rejected the lower court’s conclusion that preservation required an express pretext objection and a proffer of supporting circumstances. It held that the challenge was preserved because defense counsel timely objected, requested race-neutral reasons, and was given an opportunity to respond after those reasons were supplied; however, the trial court properly overruled the objections because counsel did not contest the stated reasons or argue pretext. The court also clarified that the trial court must conduct the required neutrality and genuineness analysis, although the opponent retains the ultimate burden of persuasion.