Background
Jarrel Edward Tolliver appealed his judgment and sentences for trafficking in fentanyl and introduction or possession of contraband in a county detention center.
Among his arguments, Tolliver challenged his conviction by a six-person jury as unconstitutional. During the appeal, the U.S. Supreme Court agreed in Kian v. Florida to consider whether the Sixth Amendment requires twelve-person juries in serious criminal cases.
The Court’s Holding
The court affirmed Tolliver’s judgment and sentences, finding no merit in his appellate arguments.
The court held that Williams v. Florida, which permits six-person criminal juries, remained binding unless and until the U.S. Supreme Court overrules it. It also declined Tolliver’s request to hold the appeal in abeyance pending the decision in Kian.
Key Takeaways
- Florida’s six-person criminal-jury statute remains controlling under existing Supreme Court precedent.
- The court will not routinely stay appeals raising the jury-size issue while Kian is pending.
- Defendants seeking further review of that issue may pursue it in the U.S. Supreme Court.
Why It Matters
The decision confirms that Florida appellate courts will continue applying Williams and resolving six-person-jury challenges without awaiting Kian. A future Supreme Court ruling in Kian could alter that governing rule, but it did not affect Tolliver’s appeal.