EAGAN v. DeMANIO

No. 44366.

294 So.2d 639 (1974)

Robert EAGAN, As State Attorney of the Ninth Judicial Circuit of Florida, and Lawson L. Lamar, As Assistant State Attorney, Ninth Judicial Circuit of Florida, Petitioners, v. Honorable Peter M. DeMANIO, a Judge of the Circuit Court, Ninth Judicial Circuit of Florida, Respondent.

Supreme Court of Florida.

May 15, 1974.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Raymond Marky, Asst. Atty. Gen., Robert Eagan, State's Atty., and Lawson L. Lamar, Asst. State's Atty., for petitioners.

Michael F. Cycmanick, of the Law Offices of James M. Russ, Orlando, for respondent.


ADKINS, Chief Justice.

Petitioners, the state attorney of the Ninth Judicial Circuit and his assistant, seek a writ of mandamus commanding the respondent, a circuit judge, to quash subpoenas duces tecum which he issued compelling the petitioners to appear, give oral depositions, and produce their files in regard to a criminal case over which the respondent presides and which the petitioners prosecute. The respondent based his denial of the petitioners' motion...

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