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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? | ||
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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). | |||
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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 .] | |||
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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. | |||
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