STATE OF FLORIDA EX REL. LEON J. SIMKINS, RELATOR,
v.
HONORABLE NORMAN HENDRY, AS CHIEF JUDGE, HONORABLE TILLMAN PEARSON, HONORABLE CHARLES A. CARROLL, HONORABLE THOMAS H. BARKDULL, JR., AND HONORABLE RICHARD H. M. SWANN, AS JUDGES OF THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, RESPONDENTS
STATE OF FLORIDA EX REL. LEON J. SIMKINS, RELATOR,
HONORABLE NORMAN HENDRY, AS CHIEF JUDGE, HONORABLE TILLMAN PEARSON, HONORABLE CHARLES A. CARROLL, HONORABLE THOMAS H. BARKDULL, JR., AND HONORABLE RICHARD H. M. SWANN, AS JUDGES OF THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, RESPONDENTS
192 So. 2d 281
Florida Supreme Court (1966)
Positive Treatment
Cited by 6 cases
Opinion of the Court
The Court has heard oral argument in this cause and, being advised of its judgment in the premises, it is,
Ordered that the rule nisi in prohibition dated January 11, 1966, as amended by that certain order of this Court dated January 28, 1966, be and the same is hereby discharged.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Nat'l Research Sys., Inc., 459 So. 2d 1134 (Fla. 3d DCA 1984)…ossibility of criminal activity within his jurisdiction, the state attorney has the authority to investigate, section 27.04, Florida Statutes (1983); indeed, it is his duty. See State v. Michell, 188 So. 2d 684, 687 (Fla. 4th DCA), cert. discharged, 192 So. 2d 281 (Fla.1966). The fact that the state may subsequently share portions of its investigative findings with other agencies or other jurisdictions is no basis to quash an investigative subpoena. Imparato, 238 So. 2d at 506. Accordingly, certiorari is gra…
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Hyman Martin v. State, 208 So. 2d 630 (Fla. 4th DCA 1968)…s heard by this court on petition for writ of certiorari. The validity of the subpoena was upheld both by this court and the Supreme Court of Florida. See State ex rel. Martin v. Michell, Fla.App. 1966, 188 So. 2d 684, and Martin v. State, Fla.1966, 192 So. 2d 281. The decision of this court upholding the validity of the subpoena is now the law of this case. F.S. Section 40.40(2), F.S.A.1965, provides : “If at any time sufficient qualified persons are found not available to serve as jurors, additional venir…
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Meek v. State, 636 So. 2d 543 (Fla. 4th DCA 1994)…plicitly waived the privilege. It is undisputed that the state attorney has the power to subpoena witnesses to appear before the grand jury, or the state attorney. See State ex rel Martin v. Michell, 188 So. 2d 684 (Fla. 4th DCA), cert. discharged, 192 So. 2d 281 (Fla.1966); Tsavaris v. Scruggs, 360 So. 2d 745, 749 (Fla.1977); § 27.04, Fla. Stat. (1993). The statute confers on the state attorney “the plenary power to instigate the subpoena process.” Imparato v. Spicola, 238 So. 2d 503, 506 (Fla. 2d DCA 1970)…