Johnson City, TN asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Wrongful Death for Tennessee

Q: can grand jury presentments be appealed or taken out of a county's initial jurisdiction if certain bias can be proven?

If the general public has reason and proof to believe that district attorney's offices/ law enforcement are being biased in their presentment of a case to a grand jury for indictment, what can be done?

1 Lawyer Answer
Anthony M. Avery
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  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Possibly nothing. But after Indictment the Defendant must defend against the charge. Improper Grand Jury proceedings might be argued at Pre Trial, Motion for New Trial or on Appeal. Without a clear Federal or State Constitutional violation that causes prejudice, no actionable error will arise. Your lawyer needs to start defending against the Charge and quit worrying about how the Indictment got here.

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