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grand jury

Aug 14, 2018

Full court

Depends on whom you ask, whether a York County grand jury spent one day in June working at the pace of a competitive hot dog eater—only more analytically—or mindlessly fast-stamping indictments like electrical pins through an assembly line. But according to The Herald newspaper in Rock Hill, a collection of citizens gathered and true-billed 904 […]

Aug 22, 2017

Criminal Practice – Grand Jury Queries Defense Team on Phony Document

In re: Grand Jury Subpoena Under Seal 1, 2 and 3 (Lawyers Weekly No. 001-176-17, 8 pp.) (Per Curiam) No. 16-4096, Aug. 18, 2017; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: A grand jury investigating defendant’s provision of a fraudulent document may not ask a criminal defense team “what did the witness tell […]

Nov 2, 2016

Criminal Practice – Sanction of Excluded Grand Jury Testimony Was Error

U.S. v. McTague (Lawyers Weekly No. 001-151-16, 21 pp.) (Duncan, J.) No. 15-4739, Oct. 26, 2016; USDC at Harrisonburg, Va. (Urbanski, J.) 4th Cir. Holding: The 4th Circuit says a trial judge abused his discretion in excluding at defendants’ trial immigration violations in the operation of their Peruvian restaurant in Virginia, testimony from a friend […]

Aug 10, 2015

County grand juries in South Carolina almost always indict

GREENVILLE, S.C. (AP) — Defense attorneys said it is time for South Carolina to change its grand jury system because the panels often spend little time reviewing cases and almost always agree to indict defendants. Grand juries in Greenville County have returned indictments on 99.9 percent of the 18,700 charges they have heard since 2011. […]

Mar 19, 2015

Criminal Practice — No Burden-Shifting on Lawyer-Advice Defense

U.S. v. Westbrooks (Lawyers Weekly No. 001-050-15, 10 pp.) (Gregory, J.) No. 13-4764, March 13, 2015; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: The 4th Circuit affirms a defendant’s criminal contempt conviction for failure to comply with a grand jury subpoena, despite her claim that the district court violated her due process rights […]

Oct 24, 2014

Missouri police preparing for grand jury decision

FERGUSON, Mo. (AP) — Missouri police have been brushing up on constitutional rights and stocking up on riot gear to prepare for a grand jury’s decision about whether to charge a white police officer who fatally shot a black 18-year-old in suburban St. Louis. The preparations are aimed at avoiding a renewed outbreak of violence […]

Jul 11, 2014

Constitutional – Criminal Practice – Attorney General’s Authority – Grand Jury – Legislative Ethics

Harrell v. Attorney General (In re Grand Jury Investigation) (Lawyers Weekly No. 010-071-14, 13 pp.) (Per Curiam) Appealed from Richland County Circuit Court (L. Casey Manning, J.) S.C. S. Ct. Holding: Although the circuit court has the authority to assess the jurisdiction of the state grand jury, since the Ethics, Government Accountability, and Campaign Reform […]

Jul 10, 2014

Justices: Prosecutor can investigate House speaker

COLUMBIA— South Carolina’s top prosecutor has the authority to investigate House Speaker Bobby Harrell, the state’s highest court ruled Wednesday, saying Attorney General Alan Wilson properly empaneled a state grand jury to consider allegations the powerful Charleston Republican abused his power for personal benefit. The ruling overturned a lower court’s decision earlier this y[...]

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