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BARBER v. INTERIM REPORT OF GRAND JURY

No. 96-0148.

689 So.2d 1182 (1997)

Richard BARBER, Appellant, v. INTERIM REPORT OF THE GRAND JURY SPRING TERM 1995, Appellee.

District Court of Appeal of Florida, Fourth District.

March 12, 1997.

Attorney(s) appearing for the Case

Barbara R. Duffy, Fort Lauderdale, for appellant.

Robert Butterworth, Attorney General, Tallahassee, and Joan Fowler, Assistant Attorney General, West Palm Beach, for appellee.

GROSS, Judge.

This case concerns the release of a grand jury report pertaining to a police shooting, where the grand jury did not indict the officer involved. We hold that the portions of the report subject to expunction are those that disclose the substance of witness' testimony before the grand jury. The remainder of the report is not "improper or unlawful" within the meaning of section 905.28(1), Florida Statutes (1995), so it may be made public.

In 1995...

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