Florida Statutes

Fla. Stat. § 905.02 (2025)

Who may challenge.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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905.02 Who may challenge.—The state or a person who has been held to answer may challenge the panel or individual grand jurors.

History.—s. 81, ch. 19554, 1939; CGL 1940 Supp. 8663(81); s. 42, ch. 70-339.

Notes of Decisions

Cited in 5 cases, 1943–1980 · leading case: Seay v. State, 286 So. 2d 532 (Fla. 1973).

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Seay v. State, 286 So. 2d 532 (Fla. 1973). · cites it 4× “" (emphasis added) So far as the record before us reflects, it appears that both appellants have waived their asserted challenge to the grand jury panel afforded them under Fla. Stat. §§ 905.02 , 905.03 and 905.04, F.”

Antone v. State, 382 So. 2d 1205 (Fla. 1980). “See §§ 905.02-.06, Fla. Stat. (1977). He also contends that the right to confront his accusers, the right to counsel, and other constitutional rights were violated by the instant grand jury proceedings.”

State v. Lewis, 11 So. 2d 337 (Fla. 1943). · cites it 2× “Under the Criminal Procedure Act (Section 905.02, Florida Statutes, 1941) the State or the person charged may challenge the panel or an individual grand juror.”

Martin v. State, 194 So. 2d 8 (Fla. 3d DCA 1967). · cites it 3× “02 WHO MAY CHALLENGE— The state or a person who has been held to answer may challenge the panel or an individual grand juror.”

Martin v. Purdy, 263 F. Supp. 938 (S.D. Fla. 1967). “In December, Petitioner appealed the Dade County Circuit Court contempt order to the Third District Court of Appeal. That Court denied his application for a constitutional stay writ and then affirmed the contempt order in a per curiam opinion.”

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