Maria Noemi Biorggio v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledNovember 12, 2026
Docket4D2025-1130
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
MARIA NOEMI BIORGGIO,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D2025-1130
[November 12, 2026]
Appeal from the County Court for the Fifteenth Judicial Circuit, Palm
Beach County; Lourdes Casanova and Stephanie F. Tew, Judges; L.T. Case
No. 502023CT021208AXXXMB.
Daniel Eisinger, Public Defender, and Ian Seldin, Assistant Public
Defender, West Palm Beach, for appellant.
James Uthmeier, Attorney General, Tallahassee, and Deborah Koenig,
Senior Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Affirmed. See Melbourne v. State, 679 So. 2d 759, 764 (Fla. 1996)
(“Throughout this process, the burden of persuasion never leaves the
opponent of the strike to prove purposeful racial discrimination.”); Henfield
El v. State, 308 So. 3d 202, 204 (Fla. 4th DCA 2020) (holding that “a
sufficient record” would enable the appellate court “to conclusively identify
the racial make-up of the venire, prior strikes exercised against the racial
group of the challenged juror, or whether the reason proffered for the
strike . . . was equally applicable to unchallenged jurors.”).
FORST, KLINGENSMITH, JJ., and NORMAN, ANASTASIA M., Associate Judge,
concur.
* * *
Not final until disposition of timely-filed motion for rehearing.