Francis v. Sanders

OPINION

SWANN, Judge.

¶ 1 Raied Francis (“Petitioner”) brought this special action to challenge the trial court’s denial of his motion to remand the indictment for a redetei’mination of probable cause. We hold that remand was required because the prosecutor interfered with the proper function of the grand jury when he: (1) did not accurately explain the elements of entrapment in response to a question from a grand juror; and (2) incorrectly advised the grand jury that questions pertaining to entrapment were the province of the court or the trial jury, not the grand jury.

FACTS AND PROCEDURAL…