When a grand jury returns an indictment valid on its face, can independent inquiry be made to determine the kind of evidence considered by the grand jury?

MultiRegion, United States of America

The following excerpt is from United States v. Walker, No. 2:03-cr-0042-MCE-EFB P (E.D. Cal. 2017):

"When a duly constituted grand jury returns an indictment valid on its face, no independent inquiry may be made to determine the kind of evidence considered by the grand jury in making its decision." United States v. Basurto, 497 F.2d 781, 785 (9th Cir. 1974) (citing Costello v. United States, 350 U.S. 359 (1956). However,

Page 44

Other Questions


If a prosecutor instructs a grand jury to consider hearsay testimony, can the jury be misled about the hearsay nature of the evidence they are considering? (MultiRegion, United States of America)
Can a defendant challenge a grand jury indictment on the grounds that the evidence was not presented to the grand jury? (MultiRegion, United States of America)
Does a jury have to consider whether as a whole the jury instructions were misleading or inadequate to guide the jury's determination? (MultiRegion, United States of America)
Does a constructive amendment to a grand jury indictment constitute a per se violation of the grand jury clause? (MultiRegion, United States of America)
What is the case law in which the jury is asked to consider evidence of prejudicial prejudice in a jury trial where the evidence of guilt is overwhelming? (MultiRegion, United States of America)
Is a judge foreclosed from making an inquiry into the sufficiency of evidence presented before the grand jury? (MultiRegion, United States of America)
What is the effect of having to have a post-instruction discussion with a jury after receiving an instruction that the jury should consider whether or not to agree to consider a motion of no coercion? (MultiRegion, United States of America)
What is the test for the purpose of instructing a jury to consider whether there is sufficient probative evidence of urgency to justify a jury instruction? (MultiRegion, United States of America)
What is the difference between a grand jury indictment and evidence presented at trial? (MultiRegion, United States of America)
Does the rule that a motion for sequestration and return of evidence is by itself sufficient to order the return of the evidence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.