State v. Martin

OPINION

STAUBER, Judge.

This court granted discretionary review of the order denying appellant Troy Martin’s motion to dismiss an indictment charging him with aiding and abetting second-degree felony murder in the death of his sister Leisa Martin. The state has moved to strike two affidavits and references to them in appellant’s brief. Because we conclude that the prosecutor’s errors in presenting the case to the grand jury and the grand jury’s exposure to inadmissible evidence tainted the indictment and undermined the independence of the grand jury, and because the affidavits are not relevant…