State ex rel. Woodel v. Wallace

This appeal arises from writ of mandamus. Defendant seeks reversal of a trial court order requiring him to record the testimony of all witnesses appearing before the grand jury in the matter for which plaintiffs were subpoenaed. The dispositive issue is whether the court had the authority to enter the challenged order. We conclude that it did not and reverse.

Plaintiffs were contacted by police during an arson investigation. They exercised their right to counsel. After unsuccessful attempts at negotiation, plaintiffs were subpoenaed to appear before the grand jury. They asked defendant, the…