Grand Jury Subpoena
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Leonard Baum Scenario:
Leonard Baum was convicted of first-degree murder and sentenced to death. In preparing an appeal, Baum's attorney learned that the state never disclosed certain evidence favorable to Baum. That evidence included eyewitness statements taken by the police following the murder; statements made to the police by an informant, who was never called to testify; and a list of the license plate numbers of cars parked at the crime scene on the night of the murder, which did not include Baum's car. Baum argues that had this evidence been disclosed at his trial, there would have been a reasonable probability that he would not have been found guilty.
Should Baum be granted a new trial?
The grand jury is investigating a major case of corporate fraud.The grand jury issues a subpoena duces tecum that requires the production of "all original documents that constitute understandings, contracts, correspondence, letters, memoranda, accounting reports, and business reports, involving the End Run Corporation and its subsidiaries, affiliates, and other companies since the organization of the End Run Corporation.
- Can this grand jury subpoena be considered sufficiently particular?
- Based upon your analysis of grand jury subpoena requirements, what modifications, if any, should be made to this subpoena before it is served upon the End Run Corporation?
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Solution Summary
The expert examines the grand jury subpoena's.
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Baum would only be granted a new trial if there was an error due to the process or prosecutorial misconduct. Evidence withheld from the defense is a form of prosecutorial misconduct, which would result in a new trial for Baum. One famous case that resulted in a new trial under similar circumstances was that of the rap artist C-Murder or (Corey Miller). Miller had initially been convicted for first-degree murder, but when revelations emerged that the prosecutor had withheld information to the defense and jury about the extensive criminal backgrounds of eyewitnesses were never disclosed, Mr. Miller received a second trial and was released from prison while awaiting his second trial. Prosecutors ...
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