Williams v. State

Reversed and remanded for a new trial. We agree with appellant that the trial court erred in admitting into evidence a video deposition of the child-victim. Cf. Lacue v. State, 562 So.2d 388 (Fla. 4th DCA 1990). We reject the state’s contention that the deposition was admissible under the provisions of section 90.608, Florida Statutes (1987), for impeachment purposes. The child, although called by the state as a witness, simply failed to respond to numerous questions by the state. She was not subjected to questions by the defense. This appearance before the jury did not justify admission of…