A Florida appellate panel ordered a new trial for a man who was convicted of drug offenses after his trial attorneys failed to exercise a strike for cause against a juror who showed she was biased against defendants who invoke their Fifth Amendment right.

The Second District Court of Appeals granted post-conviction relief to Kalim Nyabinghi Miller, who had been convicted in 2015 for the sale or delivery of cocaine and possession of cocaine in the Charlotte County Circuit Court after a potential jury member made a statement about defendants not testifying on their own behalf, according to the appellate court’s opinion.