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Is a grand jury witness allowed...
- Thread Starter Chris M
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- grand jury south dakota
Zigner
Well-Known Member
I suspect that the matter you are concerned about is one of the circumstances...
army judge
Super Moderator
If you aren't a SITTING juror, a witness, or part of the prosecuting team; you're not privy to the activities of a grand jury.
If you are one of those enumerated above, I suggest you cease discussing the business of a sitting grand jury.
Posting about a sitting grand jury and it's activities could cause you to "catch a case".
Grand juries operate under complete cover and secrecy.
zddoodah
Well-Known Member
There are no attorneys here who are licensed in South Dakota, and only someone local is likely to be able to answer the question.
adjusterjack
Super Moderator
When a given set of circumstances convinces the judge to allow it.
....So, it would be highly unorthodox for myself, the defendant, to have been handed a copy of the grand jury transcript?
I was given a copy of the grand jury transcript in my case by my former defense attorney. In the transcript nothing is mentioned as to why the arresting officer is testifying over the phone.
adjusterjack
Super Moderator
The officer's testimony is in the transcript. Your lawyer's cross examination is in the transcript, presumably.
My guess is that the officer got consent prior to the session. That made the why irrelevant so the why question wasn't asked.
My guess is that the officer got consent prior to the session. That made the why irrelevant so the why question wasn't asked.
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Tax Counsel
Well-Known Member
That's based on the rules used for grand jury proceedings in your state. Grand jury proceedings are NOT trials and many of the protections given a defendant in a trial are not present in grand jury proceedings. The role of the grand jury is just to determine if there is probable cause to proceed with prosecution. Probable cause is not a very high standard to meet. In SD the same rules of evidence that apply to public trials and hearings apply to grand jury proceedings. However, my review of the rules of evidence does not expressly state that a witness must appear in person. SD case law (court decisions) may address that, but I've not looked into that.
Nope. In a grand jury proceeding, neither the suspect nor his/her attorney are allowed to be present. The proceedings are held in secret and the people who can attend the grand jury's proceedings are extremely limited. When taking evidence, the prosecutor, witness, and court reporter are allowed to be present but no one else. There is no right of the suspect to cross-examine a witness in a grand jury proceeding and indeed the rules regarding who may be present during those proceedings would exclude the suspect and hi/her attorney from even being present. After the grand jury proceedings are concluded, the defense can get the record and file appropriate motions if there was any irregularity in the proceeding.
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