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Denied the Grand Jury Notes, What Should You Do Next?

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by: Ryan • November 30, 2012 • no comments

As I have mentioned in [[[6270 previous posts,]]] you should always ask for Grand Jury notes twice (assuming you have a good faith Brady reason for doing so), once before the trial and once after the witness has testified.

If the judge refuses, even after the witness has testified (despite implicit statutory preference for GJ notes being turned over after the witness has testified and no compelling reason not to), you need to ask that the GJ notes be sealed in the court file. And before the judge refuses, this quote (from today's OSC opinion) should be helpful:

Defendant contended that, to obtain appellate review of the trial court's order refusing to enforce the subpoena duces tecum against the victim, the clone needed to be part of the record. In support, defendant cited State v. Harvey, 203 Or App 343, 347, 125 P3d 792 (2005), rev den, 340 Or 359 (2006)("[D]efendant did not ensure that the records were sealed and made a part of the file. Because of that omission, we cannot determine whether any error committed by the trial court in failing to inspect the records is prejudicial, as we are obligated to do. Consequently, the issue is not preserved for our review.")