Claris Law Legal Blogging Community

Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Legal Updates

The Third District reaffirmed the rule that permits defense counsel to use hypotheticals in jury selection so long as they do not relate to the facts of the case. Ferreiro v. State, 31 F.L.W. D2166 (3d DCA 8/16/2006). In Ferreiro the defendant was charged with sexual battery on a minor under 12 years of age. Defense counsel asked prospective jurors if they believed "a girl could come to court and lie about being raped". The trial judge would not permit defense counsel to say "a girl" because it was too close to the facts of the present case. The appellate court cited an old Florida Supreme Court case that first addressed these types of issues in voir dire. In Pope the Florida Supreme Court stated that hypothetical questions are permitted in voir dire so long as they make a correct, "reference to the law of the case that aid in determining whether challeges for cause or peremptory are proper". Pope v. State, 94 So. 865 (Fla. 1922).