Hackman v. City of St. Petersburg

District Court of Appeal of Florida

Hackman v. City of St. Petersburg

632 So. 2d 84, 1993 Fla. App. LEXIS 12503, 1993 WL 504591

CourtDistrict Court of Appeal of Florida

DecidedDecember 10, 1993

DocketNo. 93-03203

StatusPublished

Cited by3 cases

This text of 632 So. 2d 84 (Hackman v. City of St. Petersburg) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hackman v. City of St. Petersburg, 632 So. 2d 84, 1993 Fla. App. LEXIS 12503, 1993 WL 504591 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

In this certiorari proceeding, we review an order permitting a jury interview. We grant relief and quash the order.

The respondent contends that the jury may have overheard statements made by the judge from the bench while the jury was seated in the jury room and also when seated in the jury box. The motion to interview and supporting affidavits are speculative at best. As such, they fail to establish a legally sufficient reason to interview the jurors. See Baptist Hospital of Miami, Inc. v. Maler, 579 So.2d 97 (Fla.1991) (clarifying State v. Hamilton, 574 So.2d 124 (Fla.1991), and holding that mere possibility of juror misconduct consisting of improper reliance on non-record evidence insufficient to grant interview).

Petition granted.

RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur.

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PER CURIAM.

In this certiorari proceeding, we review an order permitting a jury interview. We grant relief and quash the order.

The respondent contends that the jury may have overheard statements made by the judge from the bench while the jury was seated in the jury room and also when seated in the jury box. The motion to interview and supporting affidavits are speculative at best. As such, they fail to establish a legally sufficient reason to interview the jurors. See Baptist Hospital of Miami, Inc. v. Maler, 579 So.2d 97 (Fla.1991) (clarifying State v. Hamilton, 574 So.2d 124 (Fla.1991), and holding that mere possibility of juror misconduct consisting of improper reliance on non-record evidence insufficient to grant interview).

Petition granted.

RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur.

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632 So. 2d 84, 1993 Fla. App. LEXIS 12503, 1993 WL 504591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hackman-v-city-of-st-petersburg-fladistctapp-1993.

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