I am dealing with two Official Oppression cases and would appreciate any answers to my questions.

1. It is clear that the district court has original jurisdiction even though official oppression is a Class A Mis, but is a Grand Jury indictment required?

2. If there is a trial on an official oppression case, would the district court hear it, or could you proceed in the county court since it is a misdemeanor?

The jurisdictional issue under 4.05 will be determined under Hall, 829 S.W.2d at 187-8 and Emerson, 727 S.W.2d 267. If the District Court has jurisdiction, then it is exclusive, despite the language of 4.07 to the contrary. See Dix & Dawson, Criminal Practice & Proc. sec. 1.25. There is no requirement that the offense be charged by indictment (which right adheres only to felonies).

Both county and district courts have concurrent jurisdiction over the offense, so you can choose where you want to go. Campos v. State, 783 S.W.2d 7 (Tex. App. -- Houston [14th Dist.] 1989, pet. refused).

Only felony cases must be presented to a grand jury. But, if you decide to prosecute in district court, I recommend presenting the case to a grand jury, which is a pretty good idea any time you have a public integrity issue.

And congratulations on your first post and welcome to the Forum.

[This message was edited by JB on 07-31-07 at .]

I agree with JB. Given the public nature of official oppression cases the Grand Jury presentation reinforces the decision to prosecute and tends to take the politics out of the case.