CopyCited 61 times | Published | Supreme Court of Florida | 1995 WL 410693
...Singletary,
549 So.2d 996 (Fla. 1989), is to the contrary. That opinion only addressed the specific qualification process of voir dire not the general qualification process to determine if jurors actually are eligible to serve. [13] Johnson further argues that section
905.01(2), Florida Statutes (1987), required that only a judge swear jurors....
CopyCited 35 times | Published | Supreme Court of Florida | 1990 WL 82924
...OVERTON and GRIMES, JJ., concur. NOTES [1] We have jurisdiction pursuant to article V, section 3(b)(1) of the Florida Constitution. [2] Thompson also contends that the indictment was invalid because it came from an improperly composed grand jury of 23 members, in violation of section 905.01(1) of the Florida Statutes (1987), and in violation of his equal protection right not to be indicted by an improperly composed grand jury....
CopyCited 16 times | Published | Supreme Court of Florida | 1992 WL 45025
...However, the administrative order did not affect the selection of the grand jury, and Nelms' grand jury was selected from the entire county. Nelms filed a pretrial motion to dismiss the indictment because the grand jury had not been summoned from the same geographical area as the petit jury in violation of section 905.01(1), Florida Statutes (1981) (provisions of law governing qualifications, disqualifications, excusals, drawing, summoning, etc., of petit jurors shall apply to grand jurors)....
CopyCited 13 times | Published | Supreme Court of Florida
...e to a direct appeal to this Court. [2] Art. V, § 3(b)(1), Fla. Const., F.S.A. Appellee was indicted by a grand jury drawn pursuant to Ch. 57-550 as amended. The method of grand jury selection provided by this act differs from that provided by F.S. § 905.01(1), F.S.A....
...state. Of course the grand jury "relates to courts," in fact is an "arm of the court." Section 3(2) provided that the repealed laws affecting a particular county or counties should become ordinances of the affected counties. On Oct. 1, 1972, present § 905.01(1) was enacted, providing that the provisions governing the drawing, summoning and procurement of petit jurors would apply to grand jurors....
...ce is governed by that general statutory exception in § 3(1). Since § 3(1) governs, Ch. 57-550 became a general law of the state by the express terms of the statute, rather than a Dade County ordinance. Appellee contends that the enactment of F.S. § 905.01(1), F.S.A....
...the constitutional validity of a statute where possible. Thus, we must attempt to harmonize these statutroy provisions to give effect to both, if possible. It is recognized that the provisions of the two acts vary in several respects, and that F.S. § 905.01(1), F.S.A., the later enacted of the two statutes, states that the provisions of F.S....
...57-550, however, it is our duty to uphold the validity of both acts, if possible. This may be done by construing the provisions of Ch. 57-550 as alternative and cumulative to the provisions of F.S. Ch. 40, F.S.A. as applied to grand juries by F.S. § 905.01(1), F.S.A....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1988 WL 91164
judgment lien. See also 6A Powell on Real Property § 905[1] (1987) (citing Fisher). These cases require reversal
CopyCited 6 times | Published | Supreme Court of Florida
...is empanelled (sic) and convened, fifteen members of such grand jury shall constitute a quoroum (sic) and may transact business, and an indictment or presentment shall be found and returned only upon the concurrence of twelve or more grand jurors." Section 905.01, Florida Statutes, 1951, F.S.A., provides in part: "Every grand jury shall consist of not less than fifteen, nor more than *264 eighteen persons, the assent of at least twelve of whom shall be necessary to the finding of any indictment....
CopyPublished | Supreme Court of Florida
...ly to Dade County, is invalid because also amended to remove certain counties from its operation. The result, says the relator, is that absent, these statutes there is no authority for a. grand jury of twenty-three members in-. Dade County and under Section 905.01, F....
CopyPublished | Supreme Court of Florida | 1949 Fla. LEXIS 1065
...fect immediately upon its passage and approval by the Governor or upon becoming a law without the Governor's approval" but that it also repealed "all laws and parts of laws in conflict" therewith and that such provisions have the effect of repealing Section 905.01 , Florida Statutes 1941, F.S.A., insofar as its application in Dade County, Florida, is concerned....
...of such law after it has been repealed. The eighteen-man Grand Jury was lawfully constituted and impaneled May 10, 1949, and no attempt has been made since June 13, 1949, to again summon and impanel another eighteen-man Grand Jury as provided for in Section 905.01 , Florida Statutes 1941, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5308
...These demands were made in three successive terms of court in accordance with the provisions of § 915.01 (2), and the delays were not caused by the accused. The Fourth District in Anderson v. Edwards, Fla.App.1970,
234 So.2d 720, 721 , issued the peremptory writ of mandamus with directions to discharge the defendant under §
905.01(2), Fla.Stat., F.S.A, and said: “Our Supreme Court in the recent case of State ex rel....
