Can errors concerning evidence presented to the grand jury result in the dismissal of charges or a new trial?

MultiRegion, United States of America

The following excerpt is from United States v. Harmon, 833 F.3d 1199 (9th Cir. 2016):

But errors concerning evidence presented to the grand jury cannot trigger dismissal of charges or a new trial when a subsequent petit jury returns a verdict of guilty. See Mechanik , 475 U.S. at 70, 106 S.Ct. 938 (after a conviction, any error in the grand jury proceeding connected with the charging decision [is deemed] harmless beyond a reasonable doubt as a matter of law); United States v. Caruto , 663 F.3d 394, 402 (9th Cir. 2010) ([B]ecause Caruto was subsequently found guilty by the petit jury based on proof beyond a reasonable doubt [,] [t]he alleged [grand jury] error was ... rendered harmless by Caruto's subsequent conviction.).

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