PICKETT v. STATE, 3D02-3042 (Fla.App. 3 Dist. 3-8-2006)

PER CURIAM.

The state's motion for certification of questions of great public importance is granted. The Court certifies to the Supreme Court of Florida that this decision involves the following questions of great public importance:

1. Whether an objection to a peremptory challenge under Melbourne v. State, 679 So. 2d 759 (Fla. 1996), is sufficient to mandate an inquiry when the objection fails to allege with specificity that the peremptory challenge is racially motivated.

2. Whether the Supreme Court should reconsider its decision in Melbourne in light of serious problems in Florida's trial courts regarding the application of Melbourne and in light of the recent decision of the Supreme Court of the United States in Johnson v. California, ___ U.S. ___, 125 S. Ct. 2410, 162 L. Ed. 2d 129 (2005).

Moreover, to the extent appropriate, it is also certified that the case involves the questions of great public importance put in Whitby v. State, ___ So. 2d ___, ___ (Fla. 3d DCA Case no. 3D04-1770, opinion filed, Feb. 15, 2006)[31 Fla. L. Weekly D482, D484].

Motion granted, questions certified.