The Criminal Court Judges recently issued two orders relating to two grand juries convened in July. The first order resulted from a hearing that the foreperson of the Shelby County Tuesday Grand Jury had departed from regular procedure by allowing all five grand jury alternatives selected for the July 31st Grand Jury to remain in the Grand Jury room during testimony and deliberations and permitting them to vote along with the 12 regularly selected Grand Jurors for that term. In its order, the Court finds that although proper procedure was clearly not followed, “this court makes no finding at this time as to whether any indictments so returned are void or even voidable…[I]n the abundance of caution we feel that any capias issued on an indictment returned July 31, 2018 which has not yet ben served should be immediately recalled, pending further orders of this court. Each court jacket made by the Criminal Court Clerk on each of the indictments returned July 31, 2018 should also be marked with a distinctive marking on the outside of the jacket, to give notice to the Criminal Court Judge and the attorneys for all parties that there may be a procedural defect as to that indictment.”
In its subsequent order, the Court amended the above order by changing the date July 31, 2018 to July 17, 2018 wherever it appears in the order. To view the complete orders, click here.