Creamer v. State

WENTWORTH, Judge.

This is a petition for writ of common law certiorari seeking review of a circuit court order requiring the petitioners to appear without their attorney before the state attorney to answer questions pursuant to § 27.04, Florida Statutes. For the following reasons, the petition is granted and the order below is quashed.

On December 1, 1983, Myrtle Creamer was arrested by a Bay County police officer and later released from custody without any charge having been filed against her. On January 16, 1984, her husband, daughter, and daughter’s boyfriend [petitioners] were subpoenaed by…