Florida Statute 905.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 905
GRAND JURY

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F.S. 905.04

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.

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Amendments to 905.04

Arrestable Offenses / Crimes under Fla. Stat. 905.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 905.04.

Annotations, Discussions, Cases:

Cases Citing Statute 905.04

Total Results: 12

Gallinat v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-11-17

Citation: 941 So. 2d 1237, 2006 WL 3327682

Snippet: regarding this issue is found at 26 A.L.R. 4th 905. [4] In many Florida jurisdictions time served is

Gilman+ Ciocia, Inc. v. Wetherald

Court: District Court of Appeal of Florida | Date Filed: 2004-09-22

Citation: 885 So. 2d 900, 2004 Fla. App. LEXIS 13872, 2004 WL 2101782

Snippet: the National Association of Securities Dealers. *905 4. Under the terms of the agreement, Wetherald and

State v. Famiglietti

Court: District Court of Appeal of Florida | Date Filed: 2002-05-08

Citation: 817 So. 2d 901, 2002 WL 879409

Snippet: 149 Vt.623, 548 A.2d 408 (1988)); WIS. STAT. § 905.04 (2001) (State v. Agacki, 226 Wis.2d 349, 595 N

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-12

Citation: 795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Snippet: 144, 4.310, and 4.370 and forms 4.902, 4.904, 4.905, 4.906, 4.907, 4.908, 4.9085, 4.909, 4.9091, 4.9092

Thompson v. State

Court: Supreme Court of Florida | Date Filed: 1990-06-14

Citation: 565 So. 2d 1311, 1990 WL 82924

Snippet: challenge individual prospective grand jurors, section 905.04, Florida Statutes (1987), is the opportunity to

Porter v. State

Court: Supreme Court of Florida | Date Filed: 1981-06-04

Citation: 400 So. 2d 5

Snippet: denying these motions. This is not so. Section 905.04(1)(b), Florida Statutes (1977), provides that a

Herman v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-03-25

Citation: 396 So. 2d 222

Snippet: appellant seeks to raise is whether or not section 905.04(1)(b), Florida Statutes (1977), disqualified[3]

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-04-16

Snippet: disqualified for or exempt from such service, see ss. 905.04, 40.07, and 40.08, F.S., should not militate against

Seay v. State

Court: Supreme Court of Florida | Date Filed: 1973-11-01

Citation: 286 So. 2d 532

Snippet: afforded them under Fla. Stat. §§ 905.02, 905.03 and 905.04, F.S.A.[5] They chose not to challenge the grand

State v. Papy

Court: District Court of Appeal of Florida | Date Filed: 1970-09-15

Citation: 239 So. 2d 604, 1970 Fla. App. LEXIS 5818

Snippet: they were impanelled and sworn, in violation of § 905.04, Fla.Stat., F.S.A. Further, that there were unauthorized

Mann v. Thompson

Court: District Court of Appeal of Florida | Date Filed: 1960-02-18

Citation: 118 So. 2d 112

Snippet: 2d 362. [3] Horn v. Horn, Fla. 1954, 73 So.2d 905. [4] Florida East Const R.R. Co. v. State, 77 Fla

Corella v. McCormick Shipping Corp.

Court: District Court of Appeal of Florida | Date Filed: 1958-03-27

Citation: 101 So. 2d 903, 1958 Fla. App. LEXIS 2751

Snippet: flag; (3) Allegiance or domicile of the injured ; *905(4) Allegiance of the defendant shipowner ; (5) Place