The 2024 Florida Statutes
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. . . See § 837.021(1), Fla. Stat.; see also Sevin v. . . .
. . . trial witness recanted her testimony requires that Duckett be granted a new trial; and (D) section 837.021 . . . Validity of Perjury Statute In his final claim, Duckett contends that section 837.021, Florida Statutes . . . Therefore, he argues that section 837.021 is invalid. . . .
. . . It is unclear from the record before us whether she was prosecuted for a violation of section 837.021 . . . The investigator claimed the victim was charged with a violation of section 837.021, perjury by contradictory . . . instead of citing section 837.012, for perjury not in an official proceeding, it should be section 837.021 . . .
. . . official proceedings (Section 837.02, Florida Statutes) and perjury by contradictory statements (Section 837.021 . . .
. . . thereby, exposing them to prosecution for perjury by contradictory statements in violation of section 837.021 . . . More specifically, section 837.021(4), provides that a person may not be prosecuted for making contradictory . . .
. . . official proceedings and by contradictory statements in violation of Florida Statues §§ 837.02 and 837.021 . . . Corrigenda at Exh. 5 ¶¶ 23, 25, 28, alleging violations of Fla Stats. §§ 817.034(4)(a) and (b), 837.02 and 837.021 . . .
. . . . § 837.021(1), Fla. Stat. (2000). . . .
. . . Similarly, section 837.021, Florida Statutes, defines perjury by contradictory statements as “whoever . . .
. . . . § 837.021, Fla. Stat. (1997). . . . .
. . . See § 914.04, Fla.Stat. (1993); § 837.021, Fla.Stat. (1993). . . .
. . . Florida Statutes (1989), and in count II with perjury by contradictory statements in violation of section 837.021 . . .
. . . December 1, 1989, Feagle committed perjury by inconsistent statements (Count I), in violation of section 837.021 . . . Section 837.021(3), Florida Statutes (1989), provides that “[i]n any prosecution for perjury by inconsistent . . . or intent concerning the contradictory statements is relevant and material, however, because section 837.021 . . . the state could not prove Feagle 1) willfully made contradictory statements in violation of section 837.021 . . .
. . . charging the appellee with one count of perjury by inconsistent statements in violation of section 837.021 . . . State, 52 So.2d 105 (Fla.1951); § 837.021, Fla.Stat. (1987). . . .
. . . CATEGORY 2 Perjury if official proceeding — 837.02 None None Perjury by contradictory statements — 837.021 . . .
. . . . § 837.021, Fla.Stat. (1983). (1) Whoever, in one or more official proceedings, willfully makes two . . .
. . . Appellant was charged with perjury by contradictory statements, a violation of section 837.021, Florida . . . statements of appellant were under oath, we pass to the broader issue of whether prosecution under section 837.021 . . . Moreover, prior to its amendment by the enactment of chapter 74-383, Laws of Florida (1974), section 837.021 . . . Prior to the 1974 amendment, section 837.021 prohibited perjury by contradictory statements when made . . . Sections 53 and 56 of chapter 74-383 amended section 837.021 to prohibit contradictory statements when . . .
. . . of immunity prohibits the use of those immunized statements in subsequent prosecution under section 837.021 . . .
. . . perjury by making contradictory statements under oath in an official proceeding, in violation of section 837.021 . . .
. . . The state charged Fowler with a violation of section 837.021, Florida Statute (1981), perjury by contradictory . . . A GRANT OF IMMUNITY IN PROSECUTION (a) FOR PERJURY BY LATER CONTRADICTORY STATEMENTS UNDER SECTION 837.021 . . . of immunity prohibits the use of those immunized statements in subsequent prosecution under section 837.021 . . .
. . . convicted of perjury by contradictory sworn statements in official proceedings in violation of Section 837.021 . . .
. . . The state then charged Fowler with perjury by contradictory statements in violation of section 837.021 . . . The Doe case mandates dismissal of the information charging Fowler with a violation of section 837.021 . . . A GRANT OF IMMUNITY IN PROSECUTION (a) FOR PERJURY BY LATER CONTRADICTORY STATEMENTS UNDER SECTION 837.021 . . .
. . . See § 837.021(2), Fla.Stat. (1981); Wolfe v. State, 271 So.2d 132 (Fla.1972). . . . .
. . . recantation is less justified than once it might have been in light of the passage in 1972 of Section 837.021 . . .
. . . any subsequent criminal proceedings for perjury by inconsistent statements in violation of section 837.021 . . . given by them proved to be inconsistent with any earlier testimony, the criminal sanctions of section 837.021 . . . an inadvertent inconsistent statement which would subject them to criminal prosecution under section 837.021 . . . previously made by them under oath in 1974 and 1975 as a basis for prosecution of them under section 837.021 . . .
. . . The State counters that Sherman, supra, and section 837.021(1), Florida Statutes, have effectively abolished . . . As to the State’s contention that section 837.021(1), has effectively abolished the defense of recantation . . . This Court cannot find, and does not believe, the Legislature by enacting section 837.021(1) ever intended . . . State [354 So.2d 597] wherein a closely divided Supreme Court upheld the constitutionality of section 837.021 . . . In doing so, we specifically hold that section 837.021(1), Florida Statutes, has not abolished the defense . . .
. . . This is an appeal from a conviction of perjury by contradictory statements under Section 837.021, Florida . . . Section 837.021(3), Florida Statutes (1977); Brown v. State, 334 So.2d 597 (Fla.1976). . . .
. . . dismiss an information charging her with perjury by contradictory statements in violation of Section 837.021 . . .
. . . Upon the advice of counsel that he would be subject to prosecution under Section 837.021, Florida Statutes . . .
. . . Thus, she was amenable to a charge of perjury by contradictory statements under Section 837.021, Florida . . .
. . . Perjury by contradictory statements, as set forth by Section 837.021, Florida Statutes 1975, consists . . .
. . . perjury in a judicial proceeding, F.S. 837.02, and one count of perjury by contradictory statements, F.S. 837.021 . . . AS TO COUNT H Count II is dismissed because F.S. 837.021 is unconstitutional as applied to this case, . . . aspect of compulsion of his testimony by the state through the unconstitutional process inherent in §837.021 . . . yields his precious birthright and swears he believed each statement true at the time he made it, §837.021 . . . since the jury need not find which of the statements is false because the state need not prove it, §837.021 . . .
. . . This is an appeal from an adjudication of guilt under Section 837.021, Florida Statutes (perjury by inconsistent . . . This variance in Brown’s story led to his subsequent indictment and conviction under Section 837.021, . . . While the constitutionality of Section 837.021, Florida Statutes, has not been the subject of a reported . . . It is asserted that the term “inconsistent statements” appearing in subsection (1) of 837.021, Florida . . . Effective July 1, 1975, Section 837.021(1), Florida Statutes, was changed to read as follows: “Whoever . . . Sec. 837.021(4), F.S.1973. . . . of willfulness, in its classic sense of volition and intent informed by knowledge, was attached by § 837.021 . . . common experience no justification for such a melancholy view, I would hold that the presumption of § 837.021 . . . Section 837.021, Florida Statutes, constitutes an unconstitutional violation of the Fifth Amendment to . . .
. . . information which charges the giving of contradictory statements under oath in violation of Section 837.021 . . .