Post-Newsweek Stations Florida, Inc. v. State

District Court of Appeal of Florida

Post-Newsweek Stations Florida, Inc. v. State

704 So. 2d 1115, 1998 Fla. App. LEXIS 192, 1998 WL 10911

District Court of Appeal of Florida·Decided January 14, 1998·No. No. 97-3257·Published

Opinion

POLEN, Judge.

We deny the petition for writ of certiorari. As this Court found in Investigation: Florida Statute 27.04, Subpoena of Roche v. State, 589 So.2d 978, 980 (Fla. 4th DCA 1991), a party seeking to have confidential sources disclosed must establish 1) that the information is relevant; 2) the information is not available from alternative sources; and 3) there is a compelling need for the information. See also Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972). We find the trial court correctly applied this three-prong test in denying petitioner’s motion to quash two subpoenas duces tecum, served by the state in connection with a criminal investigation, which required disclosure of a video tape identifying the petitioner’s confidential sources. As such, petitioner has not established a departure from the requirements of the law to merit certiorari relief. See Bared & Co. v. McGuire, 670 So.2d 153, 156 (Fla. 4th DCA 1996).

DENIED.

STONE, C.J., and KLEIN, J., concur.

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POLEN, Judge.

We deny the petition for writ of certiorari. As this Court found in Investigation: Florida Statute 27.04, Subpoena of Roche v. State, 589 So.2d 978, 980 (Fla. 4th DCA 1991), a party seeking to have confidential sources disclosed must establish 1) that the information is relevant; 2) the information is not available from alternative sources; and 3) there is a compelling need for the information. See also Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972). We find the trial court correctly applied this three-prong test in denying petitioner’s motion to quash two subpoenas duces tecum, served by the state in connection with a criminal investigation, which required disclosure of a video tape identifying the petitioner’s confidential sources. As such, petitioner has not established a departure from the requirements of the law to merit certiorari relief. See Bared & Co. v. McGuire, 670 So.2d 153, 156 (Fla. 4th DCA 1996).

DENIED.

STONE, C.J., and KLEIN, J., concur.

Post-Newsweek Stations Florida, Inc. v. State, 704 So. 2d 1115, 1998 Fla. App. LEXIS 192, 1998 WL 10911 (Fla. Ct. App. 1998).

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Opinion

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