THE NEWS-JOURNAL CORPORATION, PETITIONER,
v.
THE HONORABLE S. JAMES FOXMAN, CIRCUIT JUDGE, ETC., RESPONDENT
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The court granted certiorari in part, striking two provisions from a trial court's restrictive order on extrajudicial statements: the phrase 'and all persons affiliated therewith' as impermissibly vague, and the provision extending the order through final determination in trial court as exceeding the legitimate purpose of protecting jury impartiality.
A restrictive order on extrajudicial statements must not use vague language like 'all persons affiliated therewith' and must terminate when a jury is selected and sequestered, not extend through final determination in trial court.
[1] A restrictive order on extrajudicial statements must not include vague language such as 'all persons affiliated therewith' that fails to adequately describe the class of…
[2] A restrictive order on extrajudicial statements in a pending criminal case must terminate when a jury is selected and sequestered, not extend through final determination…
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Join FLexlaw to unlock all legal intelligenceThe trial court issued an order prohibiting extrajudicial statements relative to a pending criminal prosecution by specified persons including parties…
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PER CURIAM.
The petitioner, The News-Journal Corporation, seeks review by common law certiorari of an order of the trial court prohibiting the making of extrajudicial statements relative to a pending criminal prosecution by certain specified persons, including parties, court personnel, counsel, witnesses and named law enforcement agencies.
The restrictive order in question cites and closely follows the restrictive order approved in Florida Freedom Newspapers v. McCrary, 520 So. 2d 32 (Fla.1988) except in two particulars. After describing identifiable classes of persons and law enforcement agencies, the order includes “and all persons affiliated therewith.” This language is too vague and indistinct to adequately describe an affected class of persons bound by the order and that phrase is stricken. The order in question describes its duration as being “during the pendency of this case and until final determination in the trial court.” The purpose of the restrictive order is to safeguard the defendant’s right to a fair trial by an impartial jury. After the jury is selected it can be protected by the court from prejudicial publicity by sequestration or other action of the court. Therefore the provision for the order to be effective until “final determination in the trial court” which covers the trial itself is stricken. The order will terminate when a jury is selected and sequestered, as was done in the order in McCrary.
The writ is granted as to the two stricken provisions; otherwise the petition is denied.
PETITION GRANTED in part and DENIED in part.
DANIEL, C.J., and COWART and GOSHORN, JJ., concur.
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Citator
Cited By
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THE News-Journal Corp. v. Honorable S. James Foxman, 939 F.2d 1499 (11th Cir. 1991)…f the restrictive order. On March 30, 1990, the Fifth District Court of Appeal, having accorded common law certiorari review, issued its opinion granting the petition for review of the restrictive order in two respects. News-Journal Corp. v. Foxman, 559 So. 2d 1227 (Fla. 5th DCA 1990) (per curiam). First, the appellate court struck “and all persons affiliated therewith,” following the identification of classes of individuals and law enforcement agencies encompassed by the restrictive order because the court d…
Authorities Cited
- Fla. Freedom Newspapers, Inc. v. McCRARY, 520 So. 2d 32 (Fla. 1988)