Can a person file an actual innocence claim for a lack of a grand jury proceeding? Can you find a case law/statue that would show a clear and convincing evidence of actual innocence?
1 Answer from Attorneys
Grand juries do not hear cases; they only decide if there is sufficient evidence to cause someone to go to trial. EVERY felony case must be presented to a grand jury unless the accused waives the action. There is no "actual innocence" claim as applies to a grand jury proceeding.
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