Avitia v. Superior Court

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The Supreme Court held in this criminal proceeding that a prosecutor’s dismissal of a grand juror violates Cal. Penal Code 939.5 because only the grand jury foreperson may dismiss a grand juror and that a defendant may seek dismissal of an indictment on the ground that the prosecutor violated section 939.5 by filing a pretrial motion under Cal. Penal Code 995(a)(1)(A), but the defendant must show that the error reasonably might have had an adverse effect on the impartiality or independence of the grand jury.A prosecutor dismissed a grand juror outside the presence of other jurors and the trial court. Thereafter, the grand jury returned an indictment against Defendant. Defendant moved to set aside the indictment under section 995, arguing that the prosecutor’s dismissal of the juror violated his rights to an impartial and independent grand jury. The trial court denied the motion, and the court of appeal affirmed. The Supreme Court affirmed, holding that because Defendant failed to show that the prosecutor’s error in dismissing the juror reasonably might have had an adverse effect on the impartiality or independence of the grand jury, the motion failed on the facts before the Court. View "Avitia v. Superior Court" on Justia Law