Legal Opinion

Mendez v. State

District Court of Appeal of Florida

Decided April 1, 2005No. 5D04-734PublishedCited by 5 opinions

1Opinion of the CourtOrfinger, J.

Francisco Mendez appeals his convictions for sexual battery on a person less than twelve years of age and lewd or lascivious molestation. We reverse because the trial court abused its discretion in severely limiting defense counsel’s right to conduct meaningful voir dire examination, as authorized by Florida Rule of Criminal Procedure 3.300(b).

Once the jury venire was seated for Mendez’s trial, the trial court conducted a brief, general voir dire directed to the entire panel.. In very broad terms, the trial court discussed the concepts of the presumption of innocence, Mendez’s right not to…

2Cases cited10 opinions

  1. Davis v. StateSupreme Court of Florida · 1984
  2. Feller v. StateSupreme Court of Florida · 1994
  3. Lavado v. StateSupreme Court of Florida · 1986
  4. Lavado v. StateDistrict Court of Appeal of Florida · 1985
  5. Williams v. StateDistrict Court of Appeal of Florida · 1982

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Harrison v. StateDistrict Court of Appeal of Florida · 2015
  2. Jones v. StateDistrict Court of Appeal of Florida · 2017
  3. Ramirez v. StateDistrict Court of Appeal of Florida · 2005
  4. CHRISTOPHER A. STRACHAN v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  5. Gerhard Hojan v. State of FloridaSupreme Court of Florida · 2020

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