STATE OF FLORIDA, PETITIONER,
v.
HOYT VERNON HARRISON, A/K/A JAMES HARRISON, SR., AND PATRICIA WOLACK, RESPONDENTS
STATE OF FLORIDA, PETITIONER,
HOYT VERNON HARRISON, A/K/A JAMES HARRISON, SR., AND PATRICIA WOLACK, RESPONDENTS
442 So. 2d 389
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Based upon the authority of Novo v. Scott, 438 So. 2d 477 (Fla. 3d DCA, 1983) we grant the state’s petition for certiorari and quash the trial court’s order which held that section 914.04, Florida Statutes (Supp.1982) is unconstitutional. We adopt the rationale of our sister court and “hold that section 914.04 is constitutional and affords a witness derivative-use immunity.” Novo v. Scott, supra.
HERSEY, HURLEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Mitrani, 19 So. 3d 1065 (Fla. 5th DCA 2009)…be received against the person upon any criminal investigation or proceeding for perjury committed while giving such testimony ... or for any perjury subsequently committed. This statute provides use and derivative use immunity. State v. Harrison, 442 So. 2d 389 (Fla. 4th DCA 1983). Use and derivative use immunity precludes the compelled statements, and any information derived from those statements, from being used against the witness in any subsequent prosecution, except for perjury committed while giving…
-
Menut v. State, 446 So. 2d 718 (Fla. 4th DCA 1984)…re is sufficient to compel testimony over a claim of the privilege.” Kastigar v. United States, 406 U.S. 441, 453, 92 S.Ct. 1653, 1661, 32 L.Ed.2d 212, 222 (1972). The Florida Statute provides both use and derivative use immunity. State v. Harrison, 442 So. 2d 389 (Fla. 4th DCA, 1983); Novo v. Scott, 438 So. 2d 477 (Fla. 3d DCA 1983); State v. McSwain, 440 So. 2d 502 (Fla. 2d DCA, 1983). Next, appellant maintains that he could not be compelled to testify because he would not be immune from prosecution for p…
Authorities Cited
- Novo v. The Honorable Thomas E. Scott, 438 So. 2d 477 (Fla. 3d DCA 1983)