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Kenerly v. State

In case of first impression, the Court held that special purpose grand juries do not have authority or power to return a criminal indictment.

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In this case presenting an issue of first impression, we are called upon to determine whether a special purpose grand jury is authorized to return a criminal indictment. We hold that it is not and therefore reverse. The record reveals that the Gwinnett County District Attorney petitioned the judges of the Gwinnett County Superior Court to impanel a special purpose grand jury, pursuant to OCGA § 15-12-100, for the purpose of investigating the acquisition of real property by the Gwinnett County Board of Commissioners. The petition was granted, and an order was issued impaneling the special purpose grand jury.

After the special purpose grand jury conducted its investigation for more than a year, the State contends that it served Kevin Kenerly, a Gwinnett County commissioner, with a notice of the State’s intent to present a criminal indictment with evidence. On October 7, 2010, Kenerly filed an objection to the special purpose grand jury, and, on October 8, presented his objection and refused to be present during the presentation of evidence. The parties agree that on this same day, the special purpose grand jury returned an indictment against Kenerly, charging him with one count of bribery and two counts of failing to disclose financial interest.

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