Topic: Questions About “Core Issues”

Voir Dire Lessons from Trial: Defense Perspective

Earlier this week, in a medical malpractice wrongful death trial in Gainesville, the defense lawyers did a very thorough job questioning the prospective jurors during voir dire. Below are a few of the questions they used to evaluate the panel from the defense perspective. Defendant, Mrs. X, represents the hospital. She has a right to be in the courtroom. She has a right to defend herself. She says she didn’t […]

November 10, 2017

Fundamental Error to Restrict Lawyer’s Questions During Voir Dire

A trial judge is Vero Beach was reversed last week for restricting defense counsel’s questions during jury selection. The defense lawyer in the case had been forced by the judge into going to trial without his client being present.  As a result, during jury selection several of the prospective jurors raised questions about his client’s absence and whether his client was required to be present during the trial. This caused the judge, who apparently was upset by […]

April 9, 2015

Cause Challenges for Caps On Damages and Rising Insurance Rates

This week, in Rodriguez v. Lagomasino, 972 So. 2d 1050 (Fla 3rd DCA 2008) the Third District Court of Appeal reversed a defense verdict in an auto accident case because the trial judge failed to strike two questionable jurors for cause. During voir dire, prospective Juror Gutierrez said he would not favor either side and would be “in the middle,” but he had also said his wife had been in an auto […]

January 26, 2008

Court Approves “Hypothetical Questions” in Voir Dire

The Third District Court of Appeal recently approved the use of hypothetical questions by counsel during jury selection provided the questions are “designed to determine whether the jurors could correctly apply the law.” In Moore v. State, 939 So. 2d 1116 (Fla. 3 DCA 2006) the Court approved the use of hypothetical questions designed to explain the difference between testimonial evidence and physical evidence to prospective jurors.

October 31, 2006

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