STATE OF FLORIDA, PETITIONER,
v.
TYRONE PLEAS, RESPONDENT
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Florida's Supreme Court granted the state's petition for certiorari, holding that a defendant failed to establish the particularized need required under Florida law to obtain disclosure of grand jury witness lists and minutes.
A defendant seeking disclosure of grand jury proceedings under section 905.27(1)(c) must make a strong showing of particularized need, and mere speculation that the prosecutor will not comply with Brady obligations is insufficient.
[1] A defendant seeking disclosure of grand jury proceedings under Florida law must demonstrate a strong showing of particularized need; speculation that the prosecutor will not comply with Brady v. …
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Join FLexlaw to unlock all legal intelligenceTyrone Pleas was indicted and moved for production of the witness list and minutes of the grand jury that indicted him, claiming the disclosure was ne…
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ERVIN, Judge.
We grant the state’s petition for writ, of certiorari relating to an order granting respondent’s motion for production of the witness list and minutes of the grand jury that indicted him.
Grand jury proceedings are secret. § 905.24, Fla. Stat. (1993). Although respondent claims that the order was proper under section 905.27(l)(c), Florida Statutes (1993), which allows disclosure of grand jury proceedings in furtherance of justice, respondent’s motion failed to make a strong showing of particularized need. Rather, respondent’s reasons were mere surmise or speculation that the prosecutor would not make a proper disclosure in accordance with Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Having failed to establish a proper predicate, respondent was not entitled to disclosure of the grand jury wit ness list or minutes. See Minton v. State, 113 So. 2d 361 (Fla.1959) (denying defendant’s request for grand jury report to obtain grand jury witness list); Fratello v. State, 496 So. 2d 903 (Fla. 4th DCA 1986) (denying defendant’s request for an in-camera review of grand jury minutes to determine whether prejudicial matter had been put before grand jury)-
The petition for writ of certiorari is therefore GRANTED.
BENTON and VAN NORTWICK, JJ., concur.
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Citator
Cited By
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Barber v. Interim Report OF THE Grand Jury Spring Term 1995, 689 So. 2d 1182 (Fla. 4th DCA 1997)…er next contends that the disclosure of witnesses and the substance of their actual testimony violates section 905.27, Florida Statutes (1995).3 Section 905.24, Florida Statutes (1995), mandates the secrecy of grand jury proceedings. State v. Pleas, 659 So. 2d 700 (Fla. 1st DCA 1995). Section 905.27 unambiguously declares that a grand juror shall not disclose a witness’ grand jury testimony, unless one of the specific statutory exceptions applies. A grand jury report signed by the foreperson does not fall wit…
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State v. Reese, 670 So. 2d 174 (Fla. 4th DCA 1996)…inspection of the grand jury testimony. Miller v. Wainwright, 798 F. 2d 426 (11th Cir.1986), vacated and remanded, 480 U.S. 901, 107 S.Ct. 1341, 94 L.Ed.2d 513, reinstated, 820 F. 2d 1135 (11th Cir.1987). 639 So. 2d at 600. See also State v. Pleas, 659 So. 2d 700 (Fla. 1st DCA 1995) (granting cer-tiorari and quashing order that required disclosure of grand jury testimony because defendant failed to make strong showing of particularized need as required for disclosure of grand jury minutes or witness list); S…
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Stone v. State, 685 So. 2d 998 (Fla. 5th DCA 1997)…PER CURIAM. As to the request for grand jury minutes, see section 905.24, Florida Statutes (1995); State v. Reese, 670 So. 2d 174 (Fla. 4th DCA 1996); State v. Pleas, 659 So. 2d 700 (Fla. 1st DCA 1995). As to the disqualification of a [*999] judge, see Fischer v. Knuck, 497 So. 2d 240 (Fla.1986). AFFIRMED. PETERSON, C.J., and HARRIS and ANTOON, JJ., concur.…
Authorities Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963)
- Minton v. State, 113 So. 2d 361 (Fla. 1959)
- Fratello v. State, 496 So. 2d 903 (Fla. 4th DCA 1986)