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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
    444

    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
    4,003

    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
    19,688

    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

  7. #7
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

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

    There is no double jeopardy issue. Jeopardy does not attach until a jury is sworn. There can be as many indictments as the prosecutor can obtain prior to that without risking double jeopardy.

  8. #8

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

    Do you practice criminal law in TN?

    The federal challenges to its rule of man grand jury methods are ongoing and have been since the early 1900's when it departed greatly from the federal model.

    The Supreme Court recommend Habeas review of TN's grand jury process and with certainty made it clear the process was not rooted in the rule of law.

    Title 22's language may be getting some tuning as it basically allows the Court Clerk/Jury Coordinator to pick the Jury Pool straight out of his or her little black book, facebook account or thin air.

    Why does this matter?

    TN has some unusual rulings with regards to grand jury proceedings and indictments.

    Correction; rose v mitchell was 1979 and hobby was 1984.

    These two opened jury matters that had been ignored for 30 years prior in Flynn 1958 and again, the challenges to the methods are ongoing but they aren't fashionable and tend to result in ostracizing.

    State of Tennessee v Antonio Crenshaw 2015 seems to be still for now but I believe more attacks are on the way.

    I'll see if I can't dig out the case law regarding habeas dismissal with prejudice directly.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,688

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

    You're spouting gibberish. Jim is correct. While Crenshaw argued the grand jury indictment was invalid, the court didn't find for him. But even if it had been, a decision there in his favor wouldn't have prevented him from being retried. With only small exception, having your conviction vacated through appeal does not bar retrial.

  10. #10

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

    What are the small exceptions?

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