Florida/Georgia Personal Injury & Workers Compensation

...at 898 (striking §§ 914.22(1)(a) & 914.22(3), Fla. Stat. (1985)). Jurisdiction is mandatory. Art. V, § 3(b)(1), Fla. Const. Louis Cohen, a private investigator working for an attorney, was charged with three counts of witness tampering under portions of sections 914.21-.22, Florida Statutes (1985)....

...ey are intended to "[i]nfluence the testimony of any person in an official proceeding." § 914.22(1)(a), Fla. Stat. (1985) (emphasis added). In pretrial proceedings, Cohen's attorney filed a motion to dismiss the information on grounds that sections 914.21 and 914.22 were unconstitutional. Granting the motion, the trial court stated in pertinent part: Neither Florida Statute 914.21 nor Florida Statute 914.22 defines the phrase "influence the testimony of any person." Specifically, the statute leaves ambiguous whether it is criminal to influence to testify falsely, or truthfully, or both....

...h intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or (e) Knowingly using a trick, scheme, or device with intent to mislead. § 914.21(2), Fla. Stat. (1985). [2] § 914.21(2)(a), Fla. Stat. (1985). [3] § 914.21(2)(b), Fla. Stat. (1985). [4] § 914.21(2)(c), Fla. Stat. (1985). [5] § 914.21(2)(e), Fla....

...s in which he threatened to kill the President. [5] Because they were not raised in this appeal, we need not address two other issues raised in the trial court regarding whether a deposition in a civil trial is an "official proceeding" as defined in section 914.21(4), and whether section 914.23 is unconstitutionally vague....

...have known that the judge is a judge of the state or that the law enforcement officer is an officer or employee of the state or a person authorized to act for or on behalf of the state or serving the state as an adviser or consultant. Definitions. § 914.21, Fla....

...misleading conduct with the intent to influence the testimony of two witnesses in an official proceeding pending in Broward County, Florida. Appellee filed a motion to dismiss the information, in which he challenged the constitutionality of sections 914.21 and 914.22, Florida Statutes (1985)....

...nt has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully. (Emphasis added). Section 914.21 defines misleading conduct: (2) “Misleading conduct” means: (a) Knowingly making a false statement; (b) Intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intent...

...reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or (e) Knowingly using a trick, scheme, or device with intent to mislead. The trial court concluded: 2.Neither Florida Statute 914.21 nor Florida Statute 914.22 defines the phrase “influence the testimony of any person”....

...onduct” set forth in 18 U.S.C. § 1515 (3). In fact, the statute defines misleading conduct as knowing or intentional conduct, and does so in a manner which adequately apprises a person of the prohibited conduct, (footnotes omitted). Id. at 1527 . Section 914.21, Florida Statutes (1984) defines “misleading conduct” in the same terms as 18 U.S.C....

...have known that the judge is a judge of the state or that the law enforcement officer is an officer or employee of the state or a person authorized to act for or on behalf of the state or serving the state as an adviser or consultant. Definitions. § 914.21, Fla....

...But this evidence was legally insufficient to support a finding that the appellant tampered with a witness. An “official investigation” under the witness tampering statute includes “any investigation instituted by a law enforcement agency,” see § 914.21(3), Fla....