Can I overturn a grand jury decision? 3 Answers as of March 03, 2011

Can I overturn a grand jury decision? The cause of death was blunt force trauma. On the death certificate the cause of death says homicide. The grand jury did not file charges against the guy who punched him in the bar fight and caused his death.

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Whether or not a grand jury indicts someone for a crime is not a decision that can be overturned. It is possible that the prosecutor could attempt to indict the suspect for a lesser charge, such as manslaughter instead of murder. The prosecution conducts grand jury, with law enforcement and other witnesses testifying at the proceeding. The grand jury makes the ultimate decision.
Answer Applies to: Oregon
Replied: 3/3/2011
Edward A. Kroll, Attorney at Law
Edward A. Kroll, Attorney at Law | Edward A. Kroll
If the grand jury did not indict the defendant, then there is no further recourse. You might consider talking to the deputy district attorney who presented the case to grand jury and see if s/he has any more information for you, but aside from that, the grand jury is the ultimate decision-maker. There is no appeals process for grand jury decisions.
Answer Applies to: Oregon
Replied: 3/3/2011
Law Office of Rankin Johnson IV, LLC
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
No. There is no procedure for a member of the public to appeal a grand jury's decision. And, in any event, the two conclusions can both be correct. The medical examiner did not consider whether the assailant was defending himself, but the grand jury might have decided that he was.
Answer Applies to: Oregon
Replied: 3/3/2011
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