Grand Jury

1. A.R.S. 21-411 Appointment of reporter; transcripts
   Such transcripts shall be made available to the prosecuting officer and the defendant.
   
   
2. A.R.S. 21-422 Evidence on behalf of a person under investigation.
   The person under investigation shall have the right to advice of counsel during the giving of any testimony by him before the grand jury, provided that such counsel may not communicate with anyone other than his client.
   
   
3. A.R.S. 21-422 State grand juries powers of duties.
   A. The law applicable to county grand juries, including their powers, duties and functions, applies to the state grand jury except in so far as it is in conflict with this article.
   B. The state grand jury shall investigate and return indictments for only those offenses or violations of law arising out of or in connection with:

   1. Bribery, obstruction of justice, hindering prosecution’ or any form of intentional knowing or corrupt misconduct involving any person compensated by public funds.
   2. Any fraud…
   3. Perjury, false swearing, unsworn falsification, or violation of Title 13, Chapter 28 in connection with any grand jury proceeding committed by any person testifying before it or any trial or other proceeding involving any indictment returned by a state grand jury. 

   
   
4. In Re Grand Jury Matter (Doe), 798 F.2d 91 (3rd Cir. 1986)
   Witness had just cause not to answer questions before grand jury if questions are derived from surveillance conducted in violation of Omnibus Crime Control and Safe Streets Act.
   
   
5. In Re Grand Jury Subpoena, 739 F.2d 1354 (8th Cir. 1984)
   

   1. While witness is not entitled to have counsel present in room where grand jury hearing is taking place, witnesses are entitled to have their counsel outside the room and to consult with their counsel whenever necessary.
   2. Witness summoned before grand jury is bound legally to testify, for public has right to every individuals evidence.
   3. Fifth Amendment privilege against self incrimination cannot be asserted by grand jury witness in order to protect others from possible criminal prosecution
   4. Grand jury witness may not claim Fifth Amendment privilege against self incrimination as blanket defense; rather, witness must make specific objection in response to specific questions.

   
   
6. In Re Grand Jury Testimony, 832 F.2d 60 (5th Cir. 1987)
   District court may order release of grand jury materials if party demonstrates compelling necessity for materials with particularity.
   
   
7. In Re Grand Jury Witness, 835 F.2d 437 (2nd Cir. 1987)
   Contemnor must be released when grand jury is discharged: possibility of compliance has ended.
   
   
8. Simkim v. US, 715 F.2d 34 (2nd Cir. 1983)
   Matter Of Dickinson, 763 F.2d 84 (2nd Cir. 1985)
   Once contemnor establishes that there is no substantial likelihood that continued confinement would accomplish it's coercive purpose, the confinement becomes punitive in nature at which point due process requires it's termination.
   
   
9. US v. Bissell, 866 F.2d 1343 (11th Cir. 1989)
   When indictment is so altered as to charge different offense from that found by grand jury it violates the Fifth Amendment.
   
   
10. US v. Bethety, 32 F.3d 503 (11th Cir. 1994)
    Convictions based on modification of essential element not charged by grand jury present reversible error.
    
    
11. US v. Curry, 993 F.2d 43 (4th Cir. 1993)
    Defendant had unqualified right to inspect, reproduce, and copy grand jury master list to determine if there was factual basis for motion challenging jury selection procedures.
    
    
12. S v. Dibernardo, 775 F.2d 1470 (11th Cir. 1985)
    Federal courts may exercise their supervisory powers over grand juries to remedy violations of recognized rights, protect integrity of federal courts, and deter illegal conduct by government officials.
    
    
13. US v. Eisen, 974 F.2d 246 (2nd Cir. 1992)
    Defendant seeking reversal or hearing on alleged grand jury abuse must show prejudice or bias.
    
    
14. US v. Hope, 861 F.2d 1574 (11th Cir. 1988)
    Indictment must be dismissed on ground of "duplicity" when two or more separate crimes are joined in single count of indictment. 
    
    
15. US v. Koen, 31 F.3d 711 (8th Cir. 1994)
    Amendment of indictment is reversible error per se, since amendment usurps constitutionally guaranteed role of grand jury.
    
    
16. US v. Martino, 825 F.2d 754 (3rd Cir. 1987)
    Once court determines that there has been prosecutorial misconduct in form of some abuse of grand jury process, it must then determine whether any sanction, such as dismissal of indictment and suppression of evidence, is appropriate.
    
    
17. US v. Mills, 29 F.3d 545 (10th Cir. 1994)
    Constructive amendment that broadens an indictment is reversible error per se, because only grand jury can amend indictment.
    
    
18. US v. Powell, 823 F.2d 996 (6th Cir. 1987)
    Principal duties of grand jurors are to determine whether probable cause exists to believe that crime has been committed and to protect accused from unfounded prosecutions.
    
    
19. US v. Williams, 899 F.2d 898 (10th Cir. 1990)
    Prosecutor has duty to present substantial exculpatory evidence to grand jury.
    
    
20. Woodward v. Tynan, 776 F.2d 250 (10th Cir. 1985)
    Normally, grand jury is required to return records to owner upon completion of grand jury's task.

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