Thursday, November 20, 2008

Does Annette Ul*&%$# Have Some 'Splaining to Do?

I've recently heard from attorney buddies that their law-school prof's often claimed that a grand jury would indict a ham sandwich, if given half a chance. But I never really imagined the full potential for abuse until now.

From the Herald coverage of the Juan Angel Guerra indictments:
The defense lawyers asked the judge to dismiss the indictments because proper legal procedure was not followed. There are questions about who served on the grand jury, who signed the indictments and why they were not presented to a judge in open court.
One way or another, all those defendants' attorneys are gonna know what was (or wasn't) disclosed in those grand jury proceedings; and if they even occurred at all:

Article 19.42 of the Texas Code of Criminal Procedure states:
Art. 19.42. PERSONAL INFORMATION ABOUT GRAND JURORS
(a) Except as provided by Subsection (b), information collected by the court, court personnel, or prosecuting attorney during the grand jury selection process about a person who serves as a grand juror, including the person's home address, home telephone number, social security number, driver's license number, and other personal information, is confidential and may not be disclosed by the court, court personnel, or prosecuting attorney.
(b) On a showing of good cause, the court shall permit disclosure of the information sought to a party to the proceeding.


Article 20.02(d) of the Texas Code of Criminal Procedure states:
(d) The defendant may petition a court to order the disclosure of information otherwise made secret by this article or the disclosure of a recording or typewritten transcription under Article 20.012 as a matter preliminary to or in connection with a judicial proceeding.
I'm no lawyer. Don't even play one on TV. But these 2-page (w/ cover) indictments read pretty weak to me. Some of them don't even reference specific laws that might've been broken. Isn't that a requirement of an indictment?

I suspect that, in short order, this page will have some additional information in the Disciplinary History section, if it even continues to exist at all.

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