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ID: challenging the grand jury in Twin

By Skelly

From the Times-News:Defender challenges McElhiney indictment - Paul: Grand jury procedure didn't protect clientTwin Falls County Public Defender Marilyn Paul wants a judge to toss out a grand jury's indictment of her client in a first-degree murder case, according to court records. Paul leveled a host of challenges in a motion to dismiss John McElhiney's grand jury indictment...Paul also cites a US Supreme Court case called Crawford vs. Washington, in which the court ruled that certain statements made in a grand jury hearing without facing cross-examination would be considered testimonial hearsay and not admissible in a trial. While Paul has made this argument without success in other cases, Idaho appellate courts have not ruled on how to interpret this opinion...continue to full post

Full post as published by Arbitrary and Capricious on January 12, 2008 (boomark / email).