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Originally posted by piratenews:
What's the rules of procedure for discovery of grand jury testimony by witnesses, both formal and unwritten?

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Do your grand juries have discretion whether or not to record testimony?

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Have you ever seen a judge order waiver of secrecy of grand jury testimony, for impeachment of a witness?

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THOMPSON WEST BOOK: TN CRIMINAL TRIAL PRACTICE
http://west.thomson.com/productdetail/150358/40121152/productdetail.as
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Chapter 11:12 Grand jury secrecy


Chapter 11:13 Recording of proceedings and discovery of grand jury testimony

No requirement to record grand jury testimony, but grand jury MAY record testimony.

"Pursuant to Rule 16(a)(1)(A) and (a)(3) of the TN Rules of Criminal Procedure, a defendant IS entitled to discovery of HIS testimony." Wilson v State, 537 SW2d 446 (Tenn Crim App 1975) re impeachment; West v State, 3 Tenn Crim App 671, 466 SW2d 524 (1971); In re Rich, 413 SW2d 374 (Tenn 1967) re oath of secrecy may be removed if necessary to attainment of truth and justice."

Other than a defendant's own testimony there is no general right of discovery. In re Rich, Tenn Attorney General Opinion 90-06.

"Defense counsel should keep in mind that trial judges retain the power to remove the secrecy requirement in order to allow impeachment in a subsequent trial." TCA 8-7-501; TennRCrimPro 6(h)(1) "and when it is clearly shown necessary to the attainment of justice." In re Rich

"Under these circumstances a trial judge has authority to permit discovery of grand jury testimony." State v Meeks, 1994 WL 548714 (Tenn Crim App 1994)

"Accused's Right to Discovery of Minutes of State GRand Jury Minutes", 20 ALR 3d7

Chapter 11:14 Witnesses and evidence before grand jury

TN allows indictment on hearsay testimony, even if only from a cop who CANNOT testify to those allegations at trial. State v Grady, 619 SW2d 139, 140 (Tenn Crim App 1979)

TN also allows evidence banned as inadmissible at trial. State v Dixon, 880 SW2d 696 (Tenn Crim App 1992)

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TN Rules of Criminal Procedure: Rule 6 Grand Jury
www.tsc.state.tn.us/OPINIONS/tsc/rules/TNRulesOfCourt/crimprocindex.ht
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(k) Secrecy of Proceedings; Exception.

(1) Grand Jury Proceedings Secret. Every member of the grand jury shall keep secret the proceedings of that body and the testimony given before it, except as provided in Rule 6(k)(2).

(2) Exception to Rule of Secrecy. The court may require a grand juror to reveal the testimony of a grand jury witness:

(A) to ascertain whether the grand jury testimony is consistent with that given by the witness before the court; or

(B) to disclose the grand jury testimony of any witness charged with perjury.



RULE 16. DISCOVERY AND INSPECTION

(a) Disclosure of Evidence by the State.


(2) Information Not Subject to Disclosure. Except as provided in paragraphs (A), (B), (E), and (G) of subdivision (a)(1), this rule does not authorize the discovery or inspection of reports, memoranda, or other internal state documents made by the district attorney general or other state agents or law enforcement officers in connection with investigating or prosecuting the case. Nor does this rule authorize discovery of statements made by state witnesses or prospective state witnesses.

(3) Grand Jury Transcripts. This rule does not apply to the discovery or inspection of a grand jury’s recorded proceedings, except as provided in Rule 6 and Rule 16(a)(1)(A), (B), and (C).

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“I’ll burn your house down, set your dog on fire and there won’t be a member of your family left, do you understand me? I won’t hire it done, I will do it myself! Do you understand me?”
-Blount County TN sheriff James Berrong, United States Court of Appeals, Sixth Circuit, Nuchols v. Berrong, No. 04-5645, July 11, 2005
www.ca6.uscourts.gov/opinions.pdf/05a0586n-06.pdf

Tennessee Auditors Arrive - 48 Blount Sheriff cars missing
www.blounttn.net/sheriffmissingcars.htm
www.blounttn.net/fbi.htm

"A former police chief's home burned down due to arson, coincidentally as he investigated Senator Koella's crash. Ex-cop J.D. Smith was also a political candidate for the Tennessee state legislature. The fire destroyed many of his Koella files, but some information did survive. The Sevier County resident checked out Koella's alleged bar-room antics at the Airport Hilton with current Tennessee governor Don Sundquist, prior to the senator's fatal crash. The private detective was on the trail of allegations that Senator Koella was kicked out of the Hilton bar by a bouncer, due to Koella's inebriated state. The "governor's" aircraft was parked next door at the Cherokee Aviation terminal."
-Tennessee Highway Named for Convicted Hit-and-Run Killer Crack Cocaine Kingpin
www.piratenews.org/koella.html

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Originally posted by piratenews:
For me, the prosecutor just dismisses the charges, sooner or later. The fed prosecutor in my current appeal just "retired for medical reasons". Just like the fed ALJ judge in my disability appeal, after I got him reversed by the fed court, which wrote a scathing reprimand as, "beyond the pale of anything seen by this magistrate judge in any other Social Security appeal". BAM!
Which is what I found out when the fire dept supervisor told me, "I have a jail cell with your name on it, if you use that word arson again!" He refused to look at my photos taken that same day of the confessed arsonist setting the fire. I was not impressed, since I'd just run into a towering inferno. The local TV news stations refused to sell me copies of their broadcast of that "accidental arson", which probably showed Thermite lava pouring out the windows. Our fire insurance investigator told me "we never check for arson - that's how you get killed".
If she sues me I'll put her on the witness stand...

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Originally posted by Hero:
Your babling again.

H

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"Knoxville must be the most corrupt city on earth. People worry about the national government but it's the local government people need to fear."
-City Councilmember Carlene Malone to Pirate News TV

"Sitting on Council, I was in the presence of evil. There was just darkness. Hopelessness."
-Knoxville councilmember Carlene Malone, Metro Pulse, "Malone Alone", December 13, 2001

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