Mr. Whitby challenged his conviction of battery, arguing it should be overturned because the trial judge did not inquire into the motivation of prosecutors when they used a peremptory challenge to dismiss a potential juror. The Third District Court of Appeal overturned the conviction and certified four questions of great public importance to this Court concerning the current state of Florida law guaranteeing that peremptory challenges are used for neutral reasons and not to remove potential jurors on the basis of race, ethnicity or gender.