CopyCited 7 times | Published | Supreme Court of Florida
...by the code and properly fulfill his responsibilities as a judicial officer, Judge Turner acknowledges that there is competent substantial evidence to support the commission's findings, except finding II(c). In regard to this charge he suggests that section 914.13, Florida Statutes (1979), authorizes his actions of ordering the two witnesses to be taken into custody....
...[*] To authorize such action would create a chilling effect on any witness disagreeing with another because it could lead to one of them being detained improperly until the state attorney decides to prosecute one of them for perjury. The utilization of section 914.13 must be exercised with care to protect the innocent and only when the judge has a reason to believe the person sought to be detained actually committed perjury....
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Cited as authorityIn Re Allen (2008)phrase: "rule_authority"
