May 03, 2007, 16:21
lawsergRe-Presenting a Case after "No Bill"
A senior prosecutor left the office and i inherited a murder case. 2 Defendants, one was indicted and the other no billed. Can I still represent the case to a new grand jury for consideration AFTER a no bill? Any help is appreciated.
You certainly
can. Nothing in the law prevents the State from re-presenting a case to a subsequent (or even to the same) grand jury after the return of a no bill. The real question is should you? That will have to be a decision based on your office policy. If you have new evidence, for example, you may have a much better case than you had the first time. If you are re-presenting the same case again that was so unconvincing the first time, you might want to ask how a petit jury is ever going to convict on a case that you couldn't even get 9 jurors to agree to indict on.