Jackson v. Superior Court

The superior court denied Jackson’s motion to dismiss an indictment issued by a grand jury charging him with special circumstances murder, kidnapping, and rape. The motion, based on Penal Code section 9951 and on nonstatutory grounds, alleged that the deputy district attorney’s excusal of a juror for cause, in the presence of the remaining grand jurors, substantially impaired the independence and impartiality of the grand jury, deprived Jackson of a substantial right, and violated his right to due process. The California Supreme Court is currently considering whether a prosecutor’s improper dismissal of a grand juror denied a defendant a “substantial right.” The court of appeal concluded that while the prosecutor’s dismissal of the grand juror was improper and violated section 939.5, it did not rise to the level of a violation of due process rights. The record shows that, if anything, the excused grand juror was arguably unfavorable to the defense, since he had met the victim several times and had read newspaper accounts of her rape and murder. While the prosecutor excused the prospective juror in the presence of the other grand jurors, he did so with the stated objective—communicated to the entire grand jury—of ensuring a fair and impartial proceeding: “ View "Jackson v. Superior Court" on Justia Law