§612-59 Dismissal of indictment. Any indictment which is based upon a grand jury proceeding in which a violation of section 612-56, 612-57, or 612-58 has occurred may be subject to dismissal without prejudice by an appropriate state court in the exercise of its discretion. Motion for such dismissal may be made by either party or the court. [L 1980, c 209, §10]
Case Notes
As applied to the facts of the case, the circuit court did not abuse its discretion in finding that the grand jury counsel's statements did not give rise to a tendency to prejudice and did not warrant dismissal of the indictment, where statement that defendant's case was in the newspaper was a fact already known to at least one juror, and statements regarding sex offender registration were clarified so that it made clear that the grand jury counsel was not stating a fact in defendant's case. 126 H. 40 (App.), 266 P.3d 448 (2011).
The standard in grand jury counsel misconduct should be the authorized role and function of the grand jury counsel, that is, to advise the grand jury on the law to be applied in making its probable cause determination; thus, to warrant dismissal of an indictment, a defendant must show that the grand jury counsel's misconduct has clearly infringed upon the grand jury's decision-making function and invaded the province of the grand jury, and that the misconduct tended to induce action other than that which reasonable grand jurors, in their uninfluenced judgment, would deem warranted based on the evidence fairly presented to them. 126 H. 40 (App.), 266 P.3d 448 (2011).