Supreme Court of California

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Avitia v. Superior Court (the People), 242030

Affirmed the denial of a criminal defendant's motion to set aside a grand jury indictment. He argued that the indictment was flawed because a prosecutor had questioned and dismissed a grand juror outside the presence of other jurors and the trial judge. The California Supreme Court agreed that the prosecutor's conduct was improper, but ultimately found no evidence that it had affected the impartiality or independence of the grand jury, under the facts here.

Appellate Information

  • Decided
  • Published 2018/12/24


  • Liu


  • Supreme Court of California