Kohut v. Evans

WARNER, Judge.

In a case of first impression we are asked to determine whether a circuit court judge acts in excess of his jurisdiction in selecting a jury from one circuit and moving the jury to another circuit for the completion of the trial. We hold that this procedure violates Article V, Section 7 of the Florida Constitution. We therefore grant the petition for writ of prohibition and quash the trial court’s order establishing this procedure.

The petitioner and a codefendant are charged with attempted first degree murder, armed kidnapping and armed robbery in the Thirteenth Judicial Circuit…