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  1. #1

    Default Can You Use Pre-Trial Habeas Corpus to Dismiss an Indictment

    Tennessee
    Criminal Court
    Fatal errors of the indictment:
    1) two panelists were unqualified being residents of other counties
    2) one panelist was an employee of a very small local government employee involved in a torts claim which was ongoing before the Court of Appeals at the time and that person's full blooded sibling was also impaneled.... both are off-springs of a career deputy for the county's department and failing to indict and convict would expose the sheriff's department to liability
    3) an employee, undeniably familiar with the defendant and married to the Director of Operations for the small town back was impaneled and the DAG serves as a Board of Director member of the same bank that the defendant has banked with of many years while the real estate note was paid off and while the bank seemed intent of taking it via various bending of the rules such a failing to file HUMDA and RESPA documents and then improperly filing IRS documents upon the property being paid off, not to mention several attempts to foreclose on it.

    Pre-trail Habeas? Motion to Dismiss has been denied and upon the Public Records act being changed AFTER the motion, with records prior produced being unlawfully redacted of personally identifying information, subsequently after several months of battle, having been produced and are prima facie evidence of the panel being Title 22 and Rule 6 violations.

    If Habeas, which court has jurisdiction.

  2. #2
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: Pre-Trial Habeas Corpus to Dismiss Indictment

    This one of those things that won't get you anywhere. Even if you got the indictment set aside, the DA can turn around and re-submit the charges to a new grand jury. If you filed a dismissal and it was denied, the proper avenue is to appeal that dismissal, not a habeas petition. Presumably you have an attorney and should be discussing this with him/her.

  3. #3

    Default Re: Pre-Trial Habeas Corpus to Dismiss Indictment

    TN Code and TN's Supreme Court Holdings speaking to Habeas relief from certain types of fatally erred indictments can be with prejudice and without double jeopardy, so, I do tend to disagree somewhat.

    So, what court would have jurisdiction?

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Pre-Trial Habeas Corpus to Dismiss Indictment

    See this is where you run into problems. There is no double jeopardy in play until you have been tried for something not just indicted.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Pre-Trial Habeas Corpus to Dismiss Indictment

    Jump like a fish.
    Jump like a porpoise.
    All join hands,
    in Habeas Corpus.

  6. #6

    Default Re: Pre-Trial Habeas Corpus to Dismiss Indictment

    'discrimination in the selection of the grand jury remains a valid ground for setting aside a criminal conviction*' rose v mitchell (1973 or 1980 the other which has developed many interesting holdings is Hobby v US)

    most recent has been 2015 with TN telling the federal court they will continue doing rule of man grand juries as they have done since around 1912, greatly deviating from the federal model.

    I'll pull up my notes on habeas dismissal of indictments with prejudice.

    'Accordingly, we reverse the judgment of the Court of Criminal Appeals to the extent that it holds that challenges to an indictment can never be addressed in a habeas corpus proceeding.' dykes v compton 1998

    from rose to dykes, it is not a large leap to challenging an indictment and dismissing the charge with prejudice with the DA losing standing to present again

    I'll be back with some more on this subject

    *even the grand jury foreman and even if he didn't vote..... therefore easy step to include alternates

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