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I have a question.

If there is an indictment (Count I and Count II both felonies) by a Grand Jury, example 10/16/2008.
After about 19 months, the defense files motion to dismiss Count I, because of an omission of the county name and state name.

The Judge orders Superseding Indictment.

The state prosecutor, without informing the Judge or Court or Defense, changes the date of alleged offense in Count II.
And the Grand Jury returns an "Indictment" (new indictment only says indictment, not superseding or revised or amended).

State corrected the omission in Count I by adding county name and state name.
But they amended the date of alleged offense in Count II.

So is it right for them to do so, without filing a formal motion in Court to amend Count II to amend the date?
The prosecutor did not write "Superseding Indictment". So the Grand Jury returned another "Indictment" with amended date in Count II.
The prosecutor is not required to disclose to the Grand Jury that it is "Superseding Indictment" or prosecutor has amended the date in Count II?

Thank you very much.
 
Posts: 1 | Registered: May 23, 2010Reply With QuoteReport This Post
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Welcome to the TDCAA Bulletin Boards. The discussions in these user forums are for the benefit of prosecutors and their staff members, although we welcome relevant and appropriate input from other members of the criminal justice and government lawyer community. The opinions expressed on this forum are those of the authors and do not necessarily reflect those of TDCAA, its staff, or any other member of the association. These forums are NOT a source of legal advice for citizens. Call the State Bar of Texas (800/204-2222) for information on seeking legal advice.
 
Posts: 394 | Location: Waco, Tx | Registered: July 24, 2009Reply With QuoteReport This Post
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