An interesting opinion from the San Antonio Court of Appeals on grand jury secrecy, saying that subpoenas aren't secret. Read the opinion. Anyone disagree?

If they are not secret, grand jury investigations are a public matter hindering both the ability of the GJ to look into matters and unfairly announcing to the world that a target is under investigation. This is one for the CCA to fix.

JAS

Art. 20.10 specifically states an in-county summons or attachment can issue "without stating the matter under investigation." Clearly you'd have to state the witness who is being summoned, but I'm not aware of any provision in Chapter 20 or 24 that requires a summons or subpoena to state the name of the potential defendant or otherwise designate the matter under investigation.

I would certainly concede there may still be an implication of what is going on based on the records sought or the witness to whom the subpoena was issued.

Although this is the decision of a single intermediate court, doesn't the opinion rankle anyone else? If adopted statewide by other courts, surely this law will substantially hamper grand jury investigations.

JAS

The State sought a peitition for writ of mandamus in this case in attempt to correct the 4th Court's opinion. Today, the Court of Criminal Appeals has denied the petition.

Kevin, that is unfortunate news. I hope we don't suffer an epidemic now.

JAS

I agree John. As I see it, we are not permitted to ask for rehearing. TRAP 72.2 What is left? Why would the CCA not want to have a say on this important matter? I just cannot believe it.

I don't recall the posture of the case. Is this something you may be able to cross-appeal if the defendant challenges his conviction? Another day, another shot?

JAS

Cross appeal after a conviction requires a ruling on a question of law if the defendant is convicted in the case and appeals. Since this is a grand jury activity, all of that is a long way off.

Maybe the Leg. can help.

Yep, I thought you had a way to go to any appeal. Can your ideas be tagged onto any existing proposals for legislation?

JAS