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  1. #1

    Default How to Challenge a Defective Indictment

    My question involves criminal law for the state of: (United States)

    What rules or case law speak to challenging an indictment for defects of either propter defectum or propter affectum prior to being arraigned as opposed to such challenges made after entering a plea during arraignment?

  2. #2
    Join Date
    Mar 2013
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    Default Re: Criminal Procedure-Challenging Defective Indictment Prior to Entering Plea

    You need a lawyer.

  3. #3
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    Sep 2010
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    Default Re: Criminal Procedure-Challenging Defective Indictment Prior to Entering Plea

    I agree with AJ. If you want an answer you're going to have to indicate what state you are (and perhaps in what court) in and why you think there was some missing element or prejudice in your case. It's pretty hard with a grand jury in any means. The "rules or law" that apply are whatever rules of criminal procedure exist. Scaring up case law isn't going to fruitful absent any details.

  4. #4
    Join Date
    Oct 2014
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    Default Re: Criminal Procedure-Challenging Defective Indictment Prior to Entering Plea

    Quote Quoting JustANobody
    View Post
    My question involves criminal law for the state of: (United States)

    What rules or case law speak to challenging an indictment for defects of either propter defectum or propter affectum prior to being arraigned as opposed to such challenges made after entering a plea during arraignment?
    You are going to need to specify exactly what the problem was with the juror(s) qualifications and in what jurisdiction the indictment was handed down to have any hope of a helpful response. A challenge propter defectum is an old phrase that refers to challenges based on some personal problem in the juror himself (e.g. minority, alienage, etc) that would render him/her ineligible to be on any jury and a challenge propter affectum refers to a challenge based on some circumstance, like being related to a party to the case, that would render the juror ineligible to serve on that particular jury panel, though he/she would be eligible to sit on other juries. My state no longer uses those old Latin phrases, but of course the concepts still remain. But it matters exactly what the alleged problem was with the juror and the jurisdiction as each jurisdiction has its own rules of procedure. I agree with the other responses that someone seeking to challenge an indictment on the qualifications of a grand juror really needs a lawyer.

  5. #5

    Default Re: Criminal Procedure-Challenging Defective Indictment Prior to Entering Plea

    I believe within 10 days after arraignment, demurrers speaking such challenges are due. After that, it becomes a motion to dismiss for whatever fatal error.

    Thanks

  6. #6
    Join Date
    Sep 2010
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    19,668

    Default Re: Criminal Procedure-Challenging Defective Indictment Prior to Entering Plea

    Again, we can't answer this unless you tell us what STATE you or whether you are in Federal court. And you haven't indicated what defect in the grand jury you think exists.

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