In re 2018 Grand Jury of Dallas County v. DoeAnnotate this Case
In this appeal challenging several district court rulings in a grand jury proceeding the Supreme Court affirmed in part and reversed in part the judgment of the district court, holding that the State cannot subpoena a criminal defense expert but that the prosecution's contact with the expert does not merit recusal and that there was no basis to quash the grand jury proceeding.
Before the grand jury proceedings, the prosecutor contacted an expert witness retained by John Doe, who faced possible criminal charges, and asked the expert her opinions about the matter. When the expert declined to substantively respond, the prosecutor served the expert with a subpoena to appear before the grand jury. Doe moved to quash the subpoena and to disqualify the prosecutor from the proceeding. Doe also sought to quash the grand jury proceedings. The district court denied the motion. The Supreme Court affirmed in part and reversed in part, holding (1) the district court erred in not quashing the grand jury subpoena of Defendant's retained expert; (2) the issuance of the subpoena did not amount to the kind of misconduct that requires the disqualification of the prosecutor; and (3) the district court did not err in declining to quash the grand jury.