Florida/Georgia Personal Injury & Workers Compensation

...ich Jent was entitled under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). After hearing argument, the court found that the defense had not laid a proper predicate for disclosure of grand jury testimony under the exceptions to section 905.27, Florida Statutes (1979)....

...In a combined sentencing hearing both Jent and Miller received the death penalty. Miller v. State, No. 58,795 (Fla.). [2] Several witnesses referred to the victim as "Tammy." Her name has never been established more definitely. [3] Defense counsel stated that he was not alleging that they would commit perjury. [4] § 905.27(1), which allows disclosure of grand jury testimony for the purpose of: (a) Ascertaining whether it is consistent with the testimony given by the witness before the court; (b) Determining whether the witness is guilty of perjury; or (c) Furthering justice....

...Next, it appears from the record that the State witness Dietrich had testified before the grand jury of Pinellas County prior to the trial of this case. The appellants made two efforts to secure a transcript of Dietrich's grand jury testimony. Prior to the trial, appellants made a motion in accordance with F.S. § 905.27, F.S.A., for production of the transcript. F.S. § 905.27, F.S.A....

...he witness given before the court * * *." F.S. § 905.17, F.S.A. provides in part that transcriptions of testimony before a grand jury "shall be opened and released by the clerk upon the order of the trial judge for use pursuant to the provisions of § 905.27, [Florida Statutes] * * *." Later, at the trial, when the witness Dietrich was tendered to defense counsel for cross-examination, appellants presented to the court a sworn application for subpoena duces tecum to be directed to the official court reporter....

...The transcript was also used against all of the alleged conspirators named in Counts 1 and 2 of the indictment, including King and Monk. In ruling on this motion to inspect the transcript of testimony of the grand jury we think perhaps the court may have overlooked the full effect of Section 905.27, Florida Statutes, as amended in 1951, F.S.A....

...ve a copy of the grand jury testimony given by Gordon, Busbee and Arnold which was placed in evidence against them by the State through the voice of the Court Reporter who transcribed the grand jury proceedings. Here again it should be observed that Section 905.27, Florida Statutes, F.S.A., gives special treatment to the crime of perjury in regard to the matter of raising the veil of secrecy that protects grand jury proceedings....

...narily be reached by the discovery process under our Rules of Criminal Procedure. This is so because of the bands of secrecy contemplated by the provisions of § 905.24 et seq., F.S.A. But this doesn't mean to say that they are not reachable at all. § 905.27, F.S.A....

...Motion to Interview Grand Jury Witnesses Murray also claims that, because the minutes of the grand jury proceeding were not recorded, he should be allowed to interview the one witness who testified and the prosecutor. He maintains that the trial court committed reversible error by not granting this request. We disagree. Section 905.27, Florida Statutes, permits limited disclosure of grand jury evidence for (1) determining the consistency of testimony; (2) determining whether perjury occurred; or (3) in furtherance of justice....

...See Section 905.26, Florida Statutes (1975). Secrecy serves in this context to prevent the flight of accused persons. Witnesses appearing before the grand jury must be free to tell what they know, without fear of having to answer elsewhere for their testimony. See Section 905.27(2), Florida Statutes (1975) ("unlawful for any person knowingly to publish ......

...losure of the finding of an indictment by anyone privy to the grand jury proceedings prior to the arrest of the person indicted (Section 905.26); disclosure of testimony of any witness examined before the grand jury or other evidence received by it (Section 905.27); and publication of the report or presentment (Section 905.28)....

...motion to inspect the grand jury testimony of all the State's witnesses for the purpose of preparing his defense — assuming, arguendo, that his pre-trial motion was so considered by the trial judge, as here contended by the defendant. Our statute, § 905.27, Fla....

...testimony before the grand jury." (Emphasis added.) It is here contended on behalf of the defendant that "it was the duty of the trial judge, when the materiality of the testimony of the State Witness George Thomas had been made known to him, under Section 905.27, Florida Statutes, F.S.A., to have read the Grand Jury testimony of George Thomas, to ascertain whether or not the ends of justice required him to order this testimony delivered to defense counsel for their inspection, before further c...

...the escape of a person indicted before he may be arrested; to prevent the subornation of perjury in an effort to disprove facts there testified to; and to protect the reputations of persons against whom no indictment may be found. Under our statute, § 905.27, supra, and the previous decisions of this court, it is settled that, when the purposes of the secrecy rule are accomplished and a disclosure becomes essential to the attainment of justice and the vindication of the truth, the rule of secrecy may be relaxed in the discretion of the court....

...e application of the exception. Appellant Jackman contends the trial court erred in denying his oral motion to require the state to produce the testimony given before the Grand Jury by the state's witness, Johnny Williams. The motion was grounded on § 905.27, Fla. Stat., F.S.A., and supported by the witness' admission on cross examination that he had lied under oath at an earlier trial. Section 905.27, supra, prohibits disclosure by certain persons of testimony given before a grand jury "except when required by a court to disclose the testimony of a witness examined before the grand jury for the purpose of ascertaining whether it is...

...When this is apparent punishment for contempt might be justified. Indeed the Florida Legislature has by statute announced two situations in which grand jurors and, conceivably, an entire grand jury may be adjudged guilty of contempt. See Section 905.17 and Section 905.27, Florida Statutes, F.S.A....

...ame matters investigated by the state grand jury. Godbold, McQuaig, McClure, and Greene each indicated that he would assert the fifth amendment if subpoenaed to testify before the federal grand jury. Relying on the disclosure provisions of Fla.Stat. § 905.27(l)(c) (1985), 1 the United States in August 1985 petitioned a state judge to order the State Attorney to turn over to the federal grand jury the appellants’ state grand jury testimony....

...The appellants’ motions to intervene in the district court proceedings reveal the nature of the privilege they assert. Appellant McQuaig’s motion stated that “[pjrior to appearing before the [state] Grand Jury, Mr. McQuaig was advised by the State Attorney that pursuant to Section 905.27, Fla.Stat....

...ry proceedings were secret and confidential by virtue of the provisions of Chapter 905 of the Florida Statutes.” Appellant Godbold’s motion stated that “testimony was provided with the understanding on the part of Jake Godbold that pursuant to § 905.27 of the Florida Statutes, his testimony would not and could not be disclosed under the law.” Finally, appellant McClure’s motion stated that “[t]he substantial interest of Don McClure is equal to or greater than that of the two other p...

...a court to disclose the testimony for the purpose of: (a) Ascertaining whether it is consistent with the testimony given by the witness before the court; (b) Determining whether the witness is guilty of perjury; or (c) Furthering justice. Fla.Stat. § 905.27 (1985)....

...erance of the public justice. A witness before the grand jury has no privilege of having his testimony there treated as a confidential communication.... State ex rel. Brown v. Dewell, 167 So. 687, 690 (Fla.1936). Florida case law directly construing section 905.27 fails to provide a contrary interpretation of the relationship between the secrecy requirement and the rights of grand jury witnesses....

...See In re Grand Jury Proceedings (Doe), 831 F.2d 222 (11th Cir.1987). 4 . We should emphasize that this discussion relates only to appellants’ right to appeal under the Perlman exception. It does not relate to their standing to raise these claims before the district court. 5 . The remainder of section 905.27 provides as follows: (2) It is unlawful for any person knowingly to publish, broadcast, disclose, divulge, or communicate to any other person, or knowingly to cause or permit to be published, broadcast, disclosed, divulged, or communic...

testimony to be submitted under seal. Under section 905.27, Florida Statutes (2009), the disclosure of

defendants presented a motion in accordance with section 905.27, Florida Statutes, for production of the transcript

...nd jury can be released are confined within very narrow limits. These uses under the governing statute are for proof of consistency of the testimony given by a witness, for proof of perjury, or for furtherance of justice when permitted by the court. Section 905.27, Florida Statutes, F.S.A., enunciates these allowable purposes: "905.27 Testimony not to be disclosed; exceptions....

...and arrests." The Supreme Court thus recognized, under the furtherance of justice principle, that *723 testimony of a witness before a grand jury may be revealed when it becomes material to the administration of justice, the same as does the quoted section 905.27, Florida Statutes, F.S.A. In applying this principle to support his position, appellee cites, in the main, section 905.27, Florida Statutes, F.S.A., the case of State ex rel. Brown v. Dewell, supra, 24 Am.Jur., Grand Jury, sections 842, 865, 867, and 868, and Wigmore on Evidence, 3rd ed., volume 8, sections 2360-2363, pp. 716-730. The authorities thus cited are in accord with section 905.27 and with the case of State ex rel....

...[1] The matters to be considered by the grand jury during their extended term involved the investigation of two governmental agencies. Appellant was first subpoenaed to appear before the grand jury on April 15, 1975, which was seeking information relating to a possible violation of section 905.27, F.S., [2] namely, a "leak" in its then continuing investigation under its extended order....

...ate release." Subsequently another subpoena was issued commanding appellant to appear before the grand jury on May 6, 1975. Appellant appeared, was again granted immunity and again refused to answer questions relating to a possible violation of sec. 905.27, on the same constitutional grounds heretofore cited....

...Measuring the instant case by the foregoing standard we are of the opinion that the questions propounded by the grand jury concerning "leaks" related directly to the sanctity and integrity of the grand jury function and hence were directly relevant and material to a possible violation of sec. 905.27....

...The cause is remanded to the trial court with directions that appellant be discharged. OWEN, J., and LEE, J. CAIL, Associate Judge, concur. NOTES [1] The 1974 Fall Term of the Brevard County Grand Jury, which was impaneled on October 8, 1974, was extended on March 20, 1975 to a period ending June 22, 1975. [2] Sec. 905.27, F.S., makes it unlawful to disclose grand jury testimony with certain exceptions and provides that a violation of that section constitutes a misdemeanor....

...jury but denied the motion insofar as it related to testimony given before the county solicitor. The trial court correctly granted defendant's motion for protective order as it related to testimony of the witness given before the grand jury. F.S.A. § 905.27; State v....

...To this he responds that he is in a Catch-22 situation, for he can't know what is in the minutes if they remain secret. Appellant argues that the secrecy of grand jury proceedings is not absolute; there is Florida case law on the subject, and the governing statute, section 905.27, Florida Statutes (1985), permits disclosure of grand jury evidence for determining consistency of a witness' testimony, determining whether a witness has perjured himself, or in the furtherance of justice....

...erk who shall keep them in a sealed container not subject to public inspection. The notes, records, and transcriptions shall be released by the clerk *298 only on request by a grand jury for use by the grand jury or on order of the court pursuant to § 905.27." Fla....

...special grand jury investigating allegations of corruption in the Charlotte County state attorney’s office and the sheriff’s department. When Smith testified, Austin’s staff warned him that any disclosure of his testimony would violate chapter 905.27 of the Florida Statutes....

...ng justice. (2) It is unlawful for any person knowingly to publish, broadcast, disclose, divulge, or communicate to any other person ... any testimony of a witness examined before the grand jury, or the content, gist, or import thereof.... Fla.Stat. § 905.27 (1985) (emphasis added). Any person who violates the statute is guilty of a first degree misdemeanor. § 905.927(4). A violation also constitutes criminal contempt. § 905.27(5)....

...y testimony was necessary to achieve the state’s interest in preserving the efficacy of grand jury proceedings, and that this interest sufficiently outweighed appellant’s rights under the first amendment. 678 F.Supp. 1552 . Appellant argues that section 905.27 is unconstitutionally overbroad, in that it prohibits any person appearing before the grand jury from ever disclosing matters testified to, even long after the investigation is terminated....

...s. Although the federal rule is not binding on any state, it illustrates that Florida’s goal of preserving the integrity of grand jury proceedings can be achieved without the imposition of a blanket prohibition on disclosure. We thus conclude that section 905.27 is unconstitutional insofar as it applies to witnesses who speak about the nature of their own grand jury testimony *1321 after the investigation has been completed....

...Wood, 297 So.2d 556, 559 (Fla.1974). The remainder of the statute accomplishes the legislature’s general intent of enhancing the integrity of the grand jury system by providing for the confidentiality of the proceedings. We therefore hold that the provisions of section 905.27 prohibiting “any other person” from disclosing the nature of grand jury testimony are unconstitutional to the extent that they apply to witnesses who speak about their own testimony after the grand jury investigation is terminated....

...Thus while there is no right to such pretrial inspection, Minton must, not be read to foreclose the possibility of a trial judge holding an in camera inspection prior to, rather than during, the course of the trial. Cf. Note, Discovery in Criminal Proceedings, 1960, 13 U.Fla.L.Rev. 242. This point is buttressed by Fla. Stat. § 905.27, 1967, F.S.A., forbidding disclosure of a witness's testimony or other evidence except when "permitted by the court in the furtherance of justice." Phrases similar to "in the furtherance of justice" are not strangers to this area of the law....

...905.17, F.S.A., which provides: "905.17 Who may be present during session of grand jury. — "(1) No person shall be present at the sessions of the grand jury except the witness under examination, the state attorney or his designated assistant, the court reporter or stenographer, and the interpreter." (Emphasis added.) and F.S. 905.27, F.S.A., which provides: "905.27 Testimony not to be disclosed: exceptions....

...idence received by it... ." (Emphasis added.) as authority for the proposition that grand jury testimony must be recorded. The reliance is misplaced. F.S. 905.17, F.S.A., refers to who may be present at grand jury sessions — rather than who must. F.S. 905.27, F.S.A., only provides exceptions to the secrecy rule of F.S....

...In the instant case, however, the subject indictment was proper, and should not have been quashed when no constitutional rights were abrogated, no Florida law was contravened and no request for recordation was made by Mrs. McArthur. If there is to be a change in what we conceive to be the clear provisions of F.S. 905.17 and 905.27, F.S.A., Laws of 1971, it is our view that such is within the proper sphere of the Legislature....

...following portions of the report: 1) the conclusion underscored above on the basis that it is improper because it is unsupported by the facts in the report and 2) the portions of the report referencing testimony of specific witnesses as violative of section 905.27, Florida Statutes (1995)....

...that employee's conduct constituted gross neglect). The grand jury's conclusion was "proper" within the meaning of section 905.28(1). Officer Barber next contends that the disclosure of witnesses and the substance of their actual testimony violates section 905.27, Florida Statutes (1995). [3] Section 905.24, Florida Statutes (1995), mandates the secrecy of grand jury proceedings. State v. Pleas, 659 So.2d 700 (Fla. 1st DCA 1995). Section 905.27 unambiguously declares that a grand juror shall not disclose a witness' grand jury testimony, unless one of the specific statutory exceptions applies. A grand jury report signed by the foreperson does not fall within one of these statutory exceptions. Section 905.27(2) bars the communication of the gist of a witness' grand jury testimony to anyone "in any manner whatsoever." Contrary to the state's argument, we can discern no legislative intent in the statute's clear language to carve out any exception for a grand jury report. Because portions of the grand jury report disclose grand jury testimony in violation of section 905.27, they are subject to expunction under section 905.28(1)....

...th the circuit court a motion to repress or expunge the report or that portion which is improper and unlawful. This exemption is subject to the Open Government Sunset Review Act in accordance with s. 119.14. (footnote omitted). [3] In pertinent part section 905.27 provides: (1) A grand juror, state attorney, assistant state attorney, reporter, stenographer, interpreter, or any other person appearing before the grand jury shall not disclose the testimony of a witness examined before the grand jur...

...pts; since Judge Esquiroz was not present at the time he obtained the transcripts, the judge was not a witness to the contemptuous act and, consequently, may not hold Linowitz in direct criminal contempt. We reject this argument. Sections 905.24 and 905.27, Florida Statutes (1985) make all testimony and proceedings before the grand jury secret unless disclosure is ordered by the court, § 905.27(1)....

...he clerk who shall keep them in a sealed container not subject to public inspection. The notes, records, and transcriptions shall be released by the clerk only on request by a grand jury for use by the grand jury or on order of the court pursuant to § 905.27." and Section 905.19, which provides: "Duty of state attorney....

...hat secrecy is necessary to the efficient operation of the Grand Jury. (Clein v. State, Sup.Ct.Fla. 1961, 52 So.2d 117) No less than four sections of the current Florida Statutes impose the secrecy requirement on Grand Jury proceedings. (F.S. 905.24-905.27) Only three exceptions to this requirement are mentioned in the Florida Statutes. (F.S. 905.27(1)(a), (b), (c)) Any other disclosure of Grand Jury proceedings is made unlawful and is punishable by a jail sentence of up to one year and/or a fine up to $5,000....

...Smith wants to report and publish a news story or book about activities of the state attorney's office which had become controversial during the year prior to his being subpoenaed. Any report or book would necessarily contain revelations prohibited by Section 905.27, Florida Statutes (1985) ("the Section" or "Section 905.27") because Smith intends to base his account, in part, upon his testimony and experience before the Special Grand Jury. Smith is concerned that, if he publishes any of the questions addressed to him or his answers, he will be criminally prosecuted pursuant to Section 905.27. Smith brings this action seeking declaratory and injunctive relief in order to acquire this Court's judgment that Section 905.27 presents an unconstitutional prior restraint and penal sanction on his First Amendment rights of free speech under the United States Constitution....

...574, 26 So.2d 638, 643 (1946), quoting State v. Armstrong, 127 Fla. 170, 172 So. 861, 862 (1937) (Terrell, J.). *1555 THE FIRST AMENDMENT Plaintiff argues that the State of Florida cannot demonstrate a compelling governmental interest in non-disclosure by grand jury witnesses, or that the Section 905.27 is narrowly tailored to further that interest, and no more restrictive than necessary....

concerns underlying grand jury proceedings. See § 905.27. Consequently, as we evaluate factual findings

conjunction with Section 905.27 of the Florida Statutes. A violation of this order or of Section 905.27, Florida

...days in default of the payment of the said fine." This statute has now been superseded by § 775.081 (1973), but the change of language is not such as would affect the principles of Taulty, supra . [2] This statute may be contrasted with Fla. Stat. 905.27 (1973) which specifically provides that it shall constitute a misdemeanor to disclose testimony given before a grand jury. The State Attorney expressly disclaimed the suggestion that his interrogation was directed to a possible violation of Fla. Stat. 905.27.

...The State of Florida seeks certiorari review of a non-final order which granted a motion by a criminal defendant to disclose the grand jury testimony of a witness. Grand jury testimony ordinarily is kept secret, § 905.24, Fla. Stat. (2014), but exceptions apply. See § 905.27, Fla. Stat. (2014). The State argued that defendant had not asserted a sufficient predicate for disclosure. Alternatively, if the trial court found a sufficient predicate under section 905.27, the State argued that the trial court should examine the testimony in camera to determine its materiality....

...We grant the state's petition for writ of certiorari relating to an order granting respondent's motion for production of the witness list and minutes of the grand jury that indicted him. Grand jury proceedings are secret. § 905.24, Fla. Stat. (1993). Although respondent claims that the order was proper under section 905.27(1)(c), Florida Statutes (1993), which allows disclosure of grand jury proceedings in furtherance of justice, respondent's motion failed to make a strong showing of particularized need....

the order does not come within the provisions of § 905.27, Fla.Stat. (1967),1 F.S.A. The respondent in his

Rule 9-101(b). The state also contends that section 905.27(1) and (2), Florida Statutes, *186regarding

seeking review of a trial court order declaring section 905.27, Florida Statutes (Supp.1994), unconstitutional

the provisions of § 905.27, but not otherwise. * * * ” (Emphasis added.) F.S.A. § 905.27 provides: “No *

counterpart deletes subsection (ii) ; See also, Section 905.27, F.S.

judgment should be reversed for three reasons: (1) section 905.27, Florida Statutes (2019), provides a private

contends that, because she is prevented by section 905.27, Florida Statutes (2017), from disclosing her

a county grand jury case which interpreted section 905.27, Florida Statutes, governing disclosure of

...contend that he was denied the right to compulsory process. In Trafficante, the defendants sought to secure a transcript of a State witness’s statement. 92 So. 2d at 814. Prior to the trial, the defendants presented a motion in accordance with section 905.27, Florida Statutes, for production of the transcript, but that motion was denied by the trial court....

order of the court pursuant to s. 905.27." Section 905.27(1), Florida Statutes, provides a limited exception

regarding the presentation to the Grand Jury. Florida Statute 905.27 specifically prohibits testimony or other

testimony for the purpose of furthering justice. Section 905.27, Florida Statutes (1991), provides in part

(1991). The City filed a motion pursuant to section 905.27(1)(c), Florida Statutes (1991)1 to permit transcription

respondent pursuant to the provisions of F.S.1965, Section 905.27, F.S.A. The same order required that the court