Wednesday, December 26, 2012

Prosecutorial Errors Result in Dismissal of Indictment.

State v. Troy Martin, Minn.Ct.App., 12/24/2012.  This is a challenge to a grand jury indictment of Troy Martin for the homicide of his sister.  The court of appeals concludes that the prosecutor’s errors in presenting the case to the grand jury and the grand jury’s exposure to inadmissible evidence tainted the indictment and undermined the independence of the grand jury.  The court of appeals orders the dismissal of the indictment.

Police found Leisa Martin’s body back in 1998.  The investigation focused on Todd Martin but the investigation went no where until January 2010 when Todd Martin more of less accused Troy Martin of killing Leisa.  The prosecutor convened a grand jury, which indicted both Martins.  According to the court of appeals there were numerous mistakes made along the road to indictment, which resulted in the order to dismiss the indictment.

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