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Florida Statute 905.04 - Full Text and Legal Analysis
Florida Statute 905.04 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 905.04 Case Law from Google Scholar Google Search for Amendments to 905.04

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 905
GRAND JURY
View Entire Chapter
905.04 Grounds for challenge to individual prospective grand juror.
(1) The state or a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror:
(a) Does not have the qualifications required by law;
(b) Has a state of mind that will prevent him or her from acting impartially and without prejudice to the substantial rights of the party challenging;
(c) Is related by blood or marriage within the third degree to the defendant, to the person alleged to be injured by the offense charged, or to the person on whose complaint the prosecution was instituted.
(2) The state may challenge an individual prospective grand juror on the ground that the prospective juror is surety on the bail undertaking of any person whose case will come before the grand jury.
History.s. 83, ch. 19554, 1939; CGL 1940 Supp. 8663(83); s. 43, ch. 70-339; s. 1490, ch. 97-102.

F.S. 905.04 on Google Scholar

F.S. 905.04 on CourtListener

Amendments to 905.04


Annotations, Discussions, Cases:

Cases Citing Statute 905.04

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Thompson v. State, 565 So. 2d 1311 (Fla. 1990).

Cited 35 times | Published | Supreme Court of Florida | 1990 WL 82924

...We also know of no statutory or constitutional authority to support Thompson's second contention, that the state should be precluded from conducting voir dire of prospective grand jurors. Implicit in the statutory right to challenge individual prospective grand jurors, section 905.04, Florida Statutes (1987), is the opportunity to obtain information from them about their qualifications....
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Porter v. State, 400 So. 2d 5 (Fla. 1981).

Cited 19 times | Published | Supreme Court of Florida

...After an indictment was returned the appellant moved to quash the indictment on several grounds, one of which was the judge's refusal of the requested voir dire examination. This also was denied. Appellant contends error was committed by denying these motions. This is not so. 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....
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Herman v. State, 396 So. 2d 222 (Fla. 4th DCA 1981).

Cited 11 times | Published | Florida 4th District Court of Appeal

...a grand juror, Teresita Herron, who was married to Major Robert G. Herron, head of the detective bureau within the Palm Beach County Sheriff's Office, which investigated the Kreusler homicide. The question appellant seeks to raise is whether or not section 905.04(1)(b), Florida Statutes (1977), disqualified [3] Mrs....
...Certain microscopic marks on the two spent cases eliminated a bolt action shotgun, a double-barrelled gun, or a single-barrelled gun. An automatic gun would have ejected the third shell casing. [2] Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). [3] Section 905.04 provides in pertinent part: (1) The state or a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror: (b) Has a state of mind that will prevent him from acting impartially and without prejudice to the substantial rights of the party challenging......
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State v. Famiglietti, 817 So. 2d 901 (Fla. 3d DCA 2002).

Cited 9 times | Published | Florida 3rd District Court of Appeal | 2002 WL 879409

...1998)); TENN.CODE ANN. § 24-1-207 (2001)( State v. Middlebrooks, 840 S.W.2d 317 (Tenn.1992), superceded by statute on other grounds, State v. Stout, 46 S.W.3d 689 (Tenn. 2001)); Vt. Rule Evid. 503 ( State v. Percy, 149 Vt.623, 548 A.2d 408 (1988)); WIS. STAT. § 905.04 (2001) ( State v....
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State v. Papy, 239 So. 2d 604 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5818

...The informations were dismissed as to all the appellees, because the trial court found that certain members of the Grand Jury panel were pre-disposed to return indictments against the appellees at the time they were impanelled and sworn, in violation of § 905.04, Fla.Stat., F.S.A....

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