D'Amato v. Morphonios

Can an examination by the state attorney during defense discovery proceedings ever become an “investigation” by the state attorney? The majority says no. I say yes.

At issue is the operation of Florida’s immunity statute, section 914.04, Florida Statutes (1975), based on testimony elicited by a state attorney at a defense discovery deposition. The Third District Court of Appeal held the' immunity statute was inapplicable where the witness was subpoenaed by the defense to testify with regard to a proceeding in which he was not charged. State ex rel. D’Amato v. Morphonios, 358 So.2d 1119 (Fla.3d…