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Note: The comments and questions on this page came from people who visited this website. Please feel free to send your comments and questions to Professor Brenner (brenner@udayton.edu). She will respond privately, and may ask permission to post your message on this page. No one's e-mail will be used without first obtaining their permission, and names and e-mail addresses are removed before a comment is posted. Starting in 2002, the responses posted to the site indicate which of us replied: The initials SWB mean Professor Brenner wrote the response; the initials LES mean Professor Shaw wrote the response. We are also putting the year down, to indicate when the response was posted. If no initials appear, Professor Brenner wrote the response.

Can I get a transcript of the proceedings of the grand jury that indicted me?

Can someone who has been convicted of a crime and is now doing time in prison request a transcript of the grand jury proceedings which indicted him?

Response:

That depends (a) on the law of the state in which the grand jury sat (there might be something in state law which permits this) and/or (b) on the purpose for which the transcript is sought. In the federal system and in many states, grand jury transcripts are protected by grand jury secrecy and cannot be revealed except by a court order for certain purposes, one of which, in the federal system, is for use in connection with a "judicial proceeding." So, if the transcript were sought to prepare an appeal, that MIGHT be a basis for gaining access.

Bottom line: Need to ask a lawyer in the jurisdiction.

SWB

2002

  

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