Grand Jury

Name: Ruiz-Martinez v. Superior Court
Case #: H044349
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/18/2019
  • Categories: Grand Jury, Pleadings, Requirements of

Prosecutor's dismissal of grand jurors violated Penal Code section 939.5, but was harmless error. Defendant was indicted for two counts of murder and other offenses. He moved to dismiss the indictment under Penal Code section 995 arguing the prosecutor violated…

View Full Summary
Name: Williams v. Superior Court (People)
Case #: C083126
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/20/2019
  • Categories: Grand Jury, Pleadings

Prosecutor's improper dismissal of a grand juror was grounds for dismissing an indictment because it substantially impaired the grand jury's independence and impartiality. The San Joaquin County District Attorney's Office filed a complaint charging Williams and his co-defendants with multiple…

View Full Summary
Name: Avitia v. Superior Court
Case #: S242030
Court: CA Court of Appeal
District CalSup
Opinion Date: 12/24/2018
  • Categories: Grand Jury, Pleadings

A prosecutor's dismissal of a grand juror violates Penal Code section 939.5; only the grand jury foreperson may dismiss a grand juror. Avitia allegedly drove drunk, crashed into another car, and killed the other driver. The prosecution filed a complaint,…

View Full Summary
Name: Jackson v. Superior Court (Contra Costa County)
Case #: A153818
District 1 DCA
Division: 4
Opinion Date: 07/24/2018
Subsequent History: Review granted 9/19/2018: S250995
  • Categories: Grand Jury, Pleadings

A prosecutor's improper excusal of a grand juror did not deny defendant due process or undermine the remaining jurors' ability to determine whether he should be indicted. A grand jury was convened to consider whether Jackson should be indicted for…

View Full Summary
Name: People ex rel. Pierson v. Superior Court
Case #: C081603
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/10/2017
  • Categories: Areas Constitutional Law, Enactment/Repeal, Grand Jury, Legislation, Other, Pleadings

The amendments to Penal Code section 917 that prohibit a grand jury from inquiring into an offense where an officer used lethal force are unconstitutional because the Legislature cannot limit the grand jury's constitutional power to indict. In 2015 an…

View Full Summary
Name: Mason v. Superior Court
Case #: C075149
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/30/2015
  • Categories: Crimes, Grand Jury, Lesser-Included Offenses, Mens Rea, Pleadings, Preliminary Hearings, Procedural Requirements

Prosecution may obtain an indictment charging defendant with arson (Pen. Code, § 451) despite the fact he was already held to answer for illegal burning (Pen. Code, § 452). In July 2012, Mason threw an illegal firework into a swimming…

View Full Summary
Name: Arteaga v. Superior Court (Santa Clara County)
Case #: H040702
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/27/2015
  • Categories: Accomplice Testimony, Evidence, Grand Jury, Pleadings

Uncorroborated accomplice testimony can be sufficient to support the finding of probable cause necessary for a grand jury indictment. A grand jury indicted Arteaga on street gang and drug offenses. Arteaga moved to dismiss the indictment because the only evidence…

View Full Summary
Name: People v. Arroyo
Case #: G048659
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/28/2014
Subsequent History: Review granted 7/23/14: S219178
  • Categories: Grand Jury, Jurisdiction & Venue, Jurisdiction Over Person, Minor Found Unfit, Motion Attacking, Pleadings, Prop 21 - Gang Violence, Sentencing

Prosecution of 14-year-old defendant in adult court may proceed via grand jury indictment. The Orange County Grand Jury issued an indictment that charged Arroyo and others with conspiracy to commit murder for the benefit of a gang and other offenses.…

View Full Summary
Name: People v. Superior Court (Costa)
Case #: B220346
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 04/06/2010
  • Categories: Grand Jury, Pleadings

A grand jury indictment for second degree murder in a vehicular homicide case should be set aside only if there is no evidence connecting defendant to the crime. Costa, a truck driver with a class-A commercial license, drove his 25-ton…

View Full Summary
Name: People v. Becerra
Case #: G038851
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/07/2008
  • Categories: Grand Jury, Pleadings

To prevail on a post-trial claim that a grand jury indictment was wrongly procured through perjury, a defendant must show prejudice at trial. At a grand jury hearing, a gang associate of appellant testified that while at a party, he…

View Full Summary