BURNETTE v. STANTON

No. 5D99-3238.

751 So.2d 728 (2000)

Hugh J. BURNETTE, Petitioner, v. Gayle R. STANTON, etc., Respondent.

District Court of Appeal of Florida, Fifth District.

February 18, 2000.


Attorney(s) appearing for the Case

Joseph L. Vaughn, Jr., of Boyd & Jenerette, P.A., Jacksonville, for Petitioner.

Joshua A. Whitman of Law Offices of Joshua A. Whitman, P.A. and Norman Freedman, Jacksonville, for Respondent.


COBB, J.

Petitioner, Hugh Burnette, is charged with the DUI manslaughter of David Stanton. Stanton's estate has also sued Burnette for wrongful death. Burnette seeks certiorari review of a discovery order in the civil case which requires him to answer interrogatories and a request to produce, despite his assertion of the Fifth Amendment privilege.

The Fifth Amendment privilege against self-incrimination may be asserted during discovery when a litigant has...

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