LIVE! Real Lawyer Reacts: Kohberger Intends to Challenge the Grand Jury Indictment with Big George | Summary and Q&A

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June 15, 2023
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Lawyer You Know
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LIVE! Real Lawyer Reacts: Kohberger Intends to Challenge the Grand Jury Indictment with Big George

TL;DR

Brian Laundrie's defense is challenging the grand jury indictment in his case, citing media attention and potential errors in the proceedings. They are requesting access to all grand jury records and a stay of proceedings until the challenge is resolved.

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Questions & Answers

Q: What are the main challenges faced by defense attorneys in challenging grand jury indictments?

Defense attorneys can challenge grand jury indictments on the grounds of prejudice or bias within the grand jury or prosecutorial misconduct. This includes examining the selection process, potential misconduct by the prosecutor, and the admissibility of evidence presented to the grand jury.

Q: Is it unusual to challenge a grand jury indictment in a non-murder case?

No, it is not unusual to challenge a grand jury indictment in any type of criminal case. If the defense believes there are errors in the grand jury proceedings or that exculpatory evidence was not presented, they can seek to challenge the indictment.

Q: Why hasn't the defense presented their exculpatory evidence yet?

The defense is likely waiting for the appropriate time to present their exculpatory evidence, which is typically during the trial itself. They are building their case and may be strategizing how best to present this evidence to convince a jury of Mr. Laundrie's innocence.

Q: If the grand jury indictment is thrown out, what happens next?

If the grand jury indictment is thrown out, the prosecutors will have the option to re-file the charges and convene a new grand jury. The defense may also have the opportunity to file a motion to dismiss based on the lack of a valid indictment.

Summary & Key Takeaways

  • Brian Laundrie's defense argues that intense media coverage and the potential existence of exculpatory evidence warrant a challenge to the grand jury indictment.

  • They are seeking access to all grand jury records and a stay of proceedings to allow for a thorough examination and potential motion to dismiss.

  • The defense believes that a single error or cumulative errors may have occurred in the grand jury proceedings, and they assert that Mr. Laundrie's right to a fair trial and the right to effective counsel are at stake.

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