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Justia Daily Opinion Summaries

Supreme Court of Appeals of West Virginia
April 6, 2020

Table of Contents

Dreyfuse, In re Application to Present Complaint to the Grand Jury

Criminal Law

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Supreme Court of Appeals of West Virginia Opinions

Dreyfuse, In re Application to Present Complaint to the Grand Jury

Docket: 18-0271

Opinion Date: April 3, 2020

Judge: Armstead

Areas of Law: Criminal Law

The Supreme Court reversed the order of the circuit court denying Petitioner's private citizen application to present a complaint to the grand jury, holding that a circuit court may refuse a private citizen's application to present a complaint to the grand jury if it determines that such application constitutes an abuse of process, but the circuit court in this case failed to set forth any findings of fact or conclusions of law when it denied Petitioner's application. Petitioner was convicted of first-degree murder and burglary. After seeking both state and federal habeas relief Petitioner filed an application to present a complaint to the grand jury. In his application, Petitioner asserted that during the grand jury proceedings that resulted in his indictments, a police officer perjured himself and the prosecuting attorney suborned perjury. The circuit court denied the application. The Supreme Court reversed, holding that, because the circuit court's denial of Petitioner's application did not include any findings of fact or conclusions of law, it was necessary to remand this matter to the circuit court for further proceedings.

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