GRAND JURY ISSUES PART 3 – MOTIONS TO DISMISS THE INDICTMENT BASED ON THE DENIAL OF THE DEFENDANT’S RIGHT TO TESTIFY
November 23, 2014
In an earlier post, we discussed how a prosecutor serves a dual role in the grand jury – that of prosecutor AND judge/legal advisor. So, during grand jury proceedings, prosecutors have “a duty of fair dealing to the accused.” This duty of fair dealing encompasses an obligation to ensure fairness in grand jury submissions, which includes notice of the grand jury proceedings that gives a defendant a reasonable opportunity to exercise his right to testify.