905.04
Grounds for challenge to individual prospective grand juror.
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905.04 Grounds for challenge to individual prospective grand juror.—
(1) The state or a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror:
(a) Does not have the qualifications required by law;
(b) Has a state of mind that will prevent him or her from acting impartially and without prejudice to the substantial rights of the party challenging;
(c) Is related by blood or marriage within the third degree to the defendant, to the person alleged to be injured by the offense charged, or to the person on whose complaint the prosecution was instituted.
(2) The state may challenge an individual prospective grand juror on the ground that the prospective juror is surety on the bail undertaking of any person whose case will come before the grand jury.
History.—s. 83, ch. 19554, 1939; CGL 1940 Supp. 8663(83); s. 43, ch. 70-339; s. 1490, ch. 97-102.
Notes of Decisions
Cited in 5
cases, 1970–2002 · leading case: Thompson v. State
Thompson v. State (1990)
“Implicit in the statutory right to challenge individual prospective grand jurors, section 905.04, Florida Statutes (1987), is the opportunity to obtain information from them about their qualifications.”
Herman v. State (1981)
“[3] Section 905.04 provides in pertinent part: (1) The state or a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror: (b) Has a state of mind that will prevent him from acting impartially and without prejudice to…”
Porter v. State (1981)
“Section 905.04(1)(b), Florida Statutes (1977), provides that a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror has a state of mind that will *7 prevent him from acting impartially and without prejudice to the…”
State v. Famiglietti (2002)
“§ 905.04 (2001) ( State v. Agacki, 226 Wis.”
State v. Papy (1970)
“The informations were dismissed as to all the appellees, because the trial court found that certain members of the Grand Jury panel were pre-disposed to return indictments against the appellees at the time they were impanelled and sworn, in violation of § 905.04, Fla.Stat.,…”
— 905.04(1)(b) — 2 cases
Porter v. State (1981)
“Section 905.04(1)(b), Florida Statutes (1977), provides that a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror has a state of mind that will *7 prevent him from acting impartially and without prejudice to the…”
Herman v. State (1981)
“[3] Section 905.04 provides in pertinent part: (1) The state or a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror: (b) Has a state of mind that will prevent him from acting impartially and without prejudice to…”
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