Section 4.4 Challenges to Grand Jury Selection

• Library: Criminal Practice 2012 Supp

C. (§4.4) Challenges to Grand Jury Selection

In State v. Ringo, 30 S.W.3d 811 (Mo. banc 2000), cert. denied, 532 U.S. 932 (2001), the Supreme Court of Missouri discussed the steps that must be taken to challenge the selection of a grand jury. Id. at 818–20. After noting that the defense had obtained the jury procedures manual for the circuit and the transcription of the presiding judge’s questioning of the panel regarding their service and questioning of the prosecutor under oath, the Court noted that the request for depositions might have been directed at the circuit clerk, presiding judge, or others present during the grand jury selection process. Because the defense failed to “take advantage of discovery and other opportunities,” the Court ruled that “the claims that he was improperly denied access to names and addresses of those on the master list and denied depositions of grand jurors are without merit.” Id. at 819–20. The 2003 revision to § 540.021, RSMo Supp. 2004, does not address disclosure of the names and addresses of the individuals on the grand jury panel, but the 2003 revision to § 494.410.4, RSMo Supp. 2004, states that only the names...