Florida Statute 905.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 905
GRAND JURY

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F.S. 905.05

905.05 When challenge or objection to be made.—A challenge or objection to the grand jury may not be made after it has been impaneled and sworn. This section shall not apply to a person who did not know or have reasonable ground to believe, at the time the grand jury was impaneled and sworn, that cases in which the person was or might be involved would be investigated by the grand jury.

History.—s. 84, ch. 19554, 1939; CGL 1940 Supp. 8663(84); s. 44, ch. 70-339; s. 1491, ch. 97-102.

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Amendments to 905.05

Annotations, Discussions, Cases:

Cases Citing Statute 905.05

Total Results: 12

Bundy v. State

455 So. 2d 330

Supreme Court of Florida | Filed: Jun 21, 1984 | Docket: 272759

Cited 90 times | Published

that the motions were untimely filed under section 905.05, Florida Statutes (1977). Bundy later moved

Frazier v. State

107 So. 2d 16

Supreme Court of Florida | Filed: Nov 21, 1958 | Docket: 1335856

Cited 69 times | Published

raised by defendant in his first question. Section 905.05, F.S.A. decrees that no objection to a grand

Francois v. State

407 So. 2d 885

Supreme Court of Florida | Filed: Oct 15, 1981 | Docket: 2469857

Cited 33 times | Published

timely filing his motion. The state refers us to section 905.05, Florida Statutes (1977), which provides: A

Porter v. State

478 So. 2d 33, 10 Fla. L. Weekly 573

Supreme Court of Florida | Filed: Oct 25, 1985 | Docket: 1741613

Cited 25 times | Published

a verdict is rendered on that indictment. See § 905.05, Fla. Stat. (1983); State v. Silva, 259 So.2d

Porter v. State

400 So. 2d 5

Supreme Court of Florida | Filed: Jun 4, 1981 | Docket: 1362130

Cited 19 times | Published

substantial rights of the party challenging. Section 905.05, Florida Statutes (1977), allows a belated

Seay v. State

286 So. 2d 532

Supreme Court of Florida | Filed: Nov 1, 1973 | Docket: 430530

Cited 14 times | Published

to law." Fla. Stat. § 905.03, F.S.A. Fla. Stat. § 905.05, F.S.A. then explicitly states: "When challenge

Herman v. State

396 So. 2d 222

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 1732123

Cited 11 times | Published

because it was after the jury was impanelled. See section 905.05, Florida Statutes (1977). The state maintains

Whitney v. State

132 So. 2d 599

Supreme Court of Florida | Filed: Sep 6, 1961 | Docket: 1382288

Cited 10 times | Published

a privilege which he asserts was his under Section 905.05, Florida Statutes, F.S.A. That section simply

State v. Lewis

11 So. 2d 337, 152 Fla. 178, 1943 Fla. LEXIS 878

Supreme Court of Florida | Filed: Jan 15, 1943 | Docket: 3261350

Cited 8 times | Published

the instant challenge, the State relies on Section 905.05, Florida Statutes of 1941, which was also a

Dykman v. State

294 So. 2d 633

Supreme Court of Florida | Filed: Dec 12, 1973 | Docket: 1422033

Cited 7 times | Published

objections pursuant to F.S. § 905.03, F.S.A., and F.S. § 905.05, F.S.A. Seay v. State, 286 So.2d 532 (Fla. 1973)

Leonard P Gonzalez Jr. v. State of Florida

253 So. 3d 526

Supreme Court of Florida | Filed: Sep 13, 2018 | Docket: 7870946

Cited 1 times | Published

, 286 So.2d at 535 (quoting section 905.05, Florida Statutes (1973) ). Gonzalez has not

Pittman v. State

287 So. 2d 337

District Court of Appeal of Florida | Filed: Oct 16, 1973 | Docket: 64536309

Published

indicted was untimely, raised first on appeal. See § 905.05 Fla.Stat., F.S.A.; Yates v. State, 43 Fla. 177