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Name: People v. Thorbourn
Case #: B168276
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 08/24/2004
Subsequent History: 12/1/04 rev. den.

A trial court’s dismissal of a grand jury indictment was improper where less drastic measures were available. The trial court here dismissed the indictment after alleged Brady violations by the prosecutor. The Court of Appeal noted that a prosecutor has no duty to turn over exculpatory evidence to a grand jury. Even if a due process violation had occurred, an outright dismissal under Penal Code section 1385 was not warranted because other remedies were available, including a new grand jury proceeding including the exculpatory evidence. Dismissals under section 1385 are disfavored where other remedies exist.