Myrick v. State
In this order, the Fourth District denied the State's motion to certify as a question of great public importance whether a statewide grand jury may indict for violations of its own secrecy under section 905.395, Florida Statutes. The majority held the issue was one of straightforward statutory construction—applying the rule of lenity to conclude the Legislature did not empower statewide grand juries to enforce their own secrecy provisions by indictment—and that the Office of Statewide Prosecution provides an adequate alternative remedy. A dissenting associate judge argued the split among jurists over the statute's meaning and the institutional stakes for statewide grand jury authority warranted certification to the Florida Supreme Court.
Key facts
- Myrick was subject to a statewide grand jury investigation and charges relating to alleged violations of the statewide grand jury's secrecy provisions under section 905.395, Florida Statutes.
- The Fourth District Court of Appeal reviewed the State's motion to certify to the Florida Supreme Court whether a statewide grand jury has authority to indict for violations of its own secrecy rules.
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Why it matters
This order addresses a novel and narrow question—whether a statewide grand jury may indict for breaches of its own secrecy under section 905.395—that has not been squarely resolved and on which the panel itself split… — full analysis with a trial
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