Raul L. Zapata v. State of Florida

Summary

The Florida Third District Court of Appeal affirmed Raul L. Zapata’s conviction for lewd and lascivious conduct on a child under sixteen. The court held that the trial court did not abuse its discretion by limiting defense counsel’s voir dire question concerning whether a child might fabricate allegations to influence custody, because counsel had already extensively explored whether jurors could fairly consider that defense theory.

Holdings

1. The trial court did not abuse its discretion in sustaining the objection to the proposed question because defense counsel had already been given ample opportunity to question prospective jurors about whether a child could lie, whether a motive to lie was required, and whether jurors could fairly consider that defense theory.
2. Any error in restricting the question was harmless beyond a reasonable doubt and did not warrant reversal.

Questions Presented

1. Whether the trial court abused its discretion by restricting defense counsel's voir dire question concerning whether a child could fabricate sexual-abuse allegations as a means of influencing custody.
2. Whether the restriction prevented defense counsel from determining whether prospective jurors could fairly and impartially consider the defense theory that the child witness had lied.

Disposition

affirmed