IN THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT
JEFFERSON COUNTY, ALABAMA
FILED IN OFFICE
CRIMINAL DIVISION
a RECEIVED SEP 15 206
JEFFERSON COUNTY sep. 15 2016 ANNE-MARIE ADAMS:
SPECIAL GRAND JURY ae ) anaes CLERK
‘CLERK
State's Motion to Empanel a Special Grand Jury
The State of Alabama, by and through the Attorney General, hereby asks this
Court to empanel a special grand jury. In support of this request, the State offers
the following:
1. The State of Alabama is considering certain matters that will require
investigation and submission to a grand jury.
2, The testimony before the proposed grand jury will be extensive.
8, A regular grand jury will be inadequate because of its existing case load
and because the jurors regularly eycle out of service.
4, Accordingly, the State asks for a special grand jury that will continue
indefinitely until this Court specifically orders that it is dissolved. See
Woyres v. State, 29 So. 2d 165, 168 (Ala. Ct. App. 1947) (holding that “a
grand jury legally impaneled continues its legal existence until dissolved
by order of court”); see also Ala, R. Crim. P. 12.2b) (providing authority to
empanel special or additional grand juries having like powers as regular
grand juries).In conclusion, the State respectfully asks this Court to empanel a special
grand jury as goon as practicable.
Respectfully submitted on September 13, 2016.
‘Luther Strange
Attorney General
BY:
Miles Wi. Hart
Deputy Attorney General
501 Washington Avenue
Montgomery, AL 36104
384-242-7300
mihart@ago,state.al.usIN THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT
JEFFERSON COUNTY, ALABAMA
FILED IN OFFICE
CRIMINAE OIVISION
INRE RECENV ED
SEP 15 2316
JEFFERSON COUNTY oe ps wi tae
SPECIAL GRAND JURY Ne MARIE ADAMS CLES
RINE LER
Order on State’s Motion to Empanel a Special Grand Jury
‘This Court has received the State’s motion to empanel a special grand jury. It
hereby finds that appropriate grounds exist to empanel a special grand jury. See
Ala. R. Crim. P. 12.2() (providing authority to empanel special or additional grand
juries having like powers as regular grand juries). Furthermore, in accordance with
Wryes v, State, 29 So. 2d 155, 158 (Ala. Ct. App. 1947), the Court holds that the
special grand jury will continue indefinitely until this Court specifically orders that
the special grand jury is dissolved. Therefore, the State's motion is GRANTED.
‘The Court hereby ORDERS that a specia} grand jury be drawn from the jury
_ 17. 2016.
AP. 2016.
panel and assembled for orientation on.
DONE and ORDERED on
Greuit Judge
Stephen Bishop v. Medical Records Officer, Prison of New Mexico Prison of New Mexico, North Facility Robert Tansy, Warden, 948 F.2d 1294, 10th Cir. (1991)
United States v. Alfredo Aviles, Charles Barcellona, Jean Capece, Charles Di Palermo, Joseph Di Palermo, Natale Evola, Vito Genovese, Vincent Gigante, Daniel Lessa, Nicholas Lessa, Rocco Mazzie, Carmine Polizzano, Ralph Polizzano, Benjamin Rodriquez, and Salvatore Santora, 274 F.2d 179, 2d Cir. (1960)