State v. Dempsey; Dempsey v. State
Annotate this CaseLewis Dempsey admitted to shooting Dillard Jewell Crane but claimed self-defense. In Case No. S11A1875, the State appealed the trial court's order granting Dempsey's motion to quash indictment number 10-CR-003-DB (second indictment). In Case No. S11X1876, Dempsey cross-appealed the trial court's earlier denial of his motion to quash indictment number 09-CR-325-MM (first indictment). The court agreed with Dempsey that the trial court should have granted his motion to quash the first indictment were the juror at issue was ineligible to serve on a grand jury under OCGA 15-12-60(b)(1) because he was an elected local government officeholder. The court held, however, that the effect of the juror's presence as to the first indictment was to nullify the proceedings at which he was purportedly grand juror. As there was never a proceeding at which a legally constituted grand jury received testimony, the trial court properly quashed the second indictment.
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