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Does anyone have a sample Order for extending a Grand Jury for 90 days? thanks | ||
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The grand jury is impaneled to serve for one term of court [see C.C.P. Arts. 19.01, 19.07]. The term of a particular grand jury can be extended for up to 90 days beyond the expiration of the term of court if its foreman or a majority of its members declare in open court that any investigation they might be conducting cannot be concluded before the expiration of the term. A grand jury's investigation during its original term may continue into an extended term and include crimes committed after the original term has expired so long as "new" investigations are not begun [ Flournoy, et al v. State, 187 S.W.3d 621, 624 (Tex. App., Houston [14th Dist.] 2006, no pet.) trial court erred in dismissing indictments without evidentiary hearing because merely comparing date of indictments with grand jury minutes failed to resolve whether each case was already under investigation before grand jury's original term expired]. The fact that a prior grand jury is serving an extension has no effect on the judge's duty to select grand jurors for the next term [C.C.P. Art. 19.07]. | |||
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