Fuster-Escalona v. Florida Department of Corrections

This is an appeal of the denial of petitioner Franscisco Fuster-Escalona’s 28 U.S.C. § 2254 petition for writ of habeas corpus. After a jury trial Fuster was convicted of several counts of sexual battery and lewd and aggravated assault on children. The appeal raises an issue concerning testimony by closed circuit television and two claims that alleged newly discovered evidence rendered trial evidence unreliable. We affirm.

Over the course of a four-week jury trial in late 1985, Florida state prosecutors presented evidence showing that Fuster and his wife, Ileana, operated a child babysitting…