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Olsen v. The State

Publication Date: 2017-11-07
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Benham
Attorneys: For plaintiff: Donald Franklin Samuel, Amanda Rourk Clark Palmer (Garland, Samuel & Loeb, P.C.), Atlanta; Donald C. English (Southern States PBA, Inc.), McDonough, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Christopher Wells Timmons, Sherry Boston, District Attorney (DeKalb County District Attorney's Office), Decatur, for appellee.
Case Number: S17A1014

The trial court properly denied defendant's motion to dismiss the indictment against him for felony murder and other charges because the presence of non-lawyer and lawyer spectators during the presentation of evidence to the grand jury did not violate the recognized need for grand jury secrecy or compromise the grand jurys independence from outside influence and defendant failed to show that he was prejudiced by the presence of those individuals.