CopyCited 90 times | Published | Supreme Court of Florida
...In that order he found that Bundy, by virtue of having been served with a search warrant on April 27, knew or had reason to believe that at the time the grand jury was impaneled he would be involved in its investigation. The judge concluded that the motions were untimely filed under section 905.05, Florida Statutes (1977)....
CopyCited 69 times | Published | Supreme Court of Florida
...On oral argument before this Court, defendant's counsel presented affidavits which state that there are no negro voters in Union County, in which County the defendant was indicted and tried. We agree with the State, which contends that we cannot now consider the matters raised by defendant in his first question. Section 905.05, F.S.A....
CopyCited 33 times | Published | Supreme Court of Florida
...1973); Seay v. State,
286 So.2d 532 (Fla. 1973), cert. denied,
419 U.S. 847,
95 S.Ct. 84,
42 L.Ed.2d 77 (1974). In response the state argues that the appellant waived his right to raise this issue by not timely filing his motion. The state refers us to section
905.05, Florida Statutes (1977), which provides: A challenge or objection to the grand jury may not be made after it has been empaneled and sworn....
CopyCited 25 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 573
...A grand jury determines the state's ability to bring someone to trial; another jury determines guilt or innocence. An attack on a grand jury indictment because of the qualifications of the grand jurors must be made before a verdict is rendered on that indictment. See § 905.05, Fla....
CopyCited 19 times | Published | Supreme Court of Florida
...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 substantial rights of the party challenging. Section
905.05, Florida Statutes (1977), allows a belated right to challenge the grand jury to a person who did not know at the time the grand jury was empaneled that he was subject to grand jury action....
CopyCited 14 times | Published | Supreme Court of Florida
...A grand jury is not, like a petit jury, subject to general voir dire inquiry. [4] The grand jury panel may by statute in Florida be challenged "only on the ground that the grand jurors were not selected according to law." Fla. Stat. §
905.03, F.S.A. Fla. Stat. §
905.05, F.S.A....
CopyCited 11 times | Published | Florida 4th District Court of Appeal
...uty sheriff at the time he served as a grand juror. That case is clearly distinguishable from the instant situation. The state argues that the challenge to Mrs. Herron as a grand juror came too late, because it was after the jury was impanelled. See section 905.05, Florida Statutes (1977)....
CopyCited 10 times | Published | Supreme Court of Florida
...ess. We will dispose of each of them. Appellant contends that the trial judge should have sustained his motion to quash the indictment because he was not accorded an opportunity to challenge the grand jury, a privilege which he asserts was his under Section 905.05, Florida Statutes, F.S.A....
...ge the grand jury or any member thereof. This Court has held that if there are grounds for challenge, and the accused has not been accorded the opportunity to do so, then he may do so by proper pleading after the indictment is filed, notwithstanding Section 905.05, supra....
CopyCited 8 times | Published | Supreme Court of Florida | 152 Fla. 178, 1943 Fla. LEXIS 878
...d. 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. To reverse the trial court’s ruling as to the instant challenge, the State relies on Section
905.05, Florida Statutes of 1941, which was also a part of the Criminal Procedure Act and is as follows: “After the grand jurors have been empaneled and sworn, no objection shall be raised by plea or otherwise, to the grand jury....
CopyCited 7 times | Published | Supreme Court of Florida
...Our direct appeals jurisdiction may not properly be invoked upon this ground. EVIDENTIARY HEARING ON GRAND JURY CHALLENGE It appears that the appellant has waived his right to attack the composition *637 of the grand jury by failing to timely raise his objections pursuant to F.S. §
905.03, F.S.A., and F.S. §
905.05, F.S.A....
CopyCited 1 times | Published | Supreme Court of Florida
...nor an assistant state
attorney.
Further, as we provided in Seay, Florida Statutes are explicit that “[a]
challenge or objection to the grand jury may not be made after it has been
empaneled and sworn.” Seay,
286 So. 2d at 535 (quoting section
905.05, Florida
Statutes (1973))....
CopyPublished | District Court of Appeal of Florida
indicted was untimely, raised first on appeal. See §
905.05 Fla.Stat., F.S.A.; Yates v. State,
43 Fla. 177 