State v. Bitz

OPINION

LANSING, Judge.

The state appeals from an order applying a per se rule of dismissal for indictments issued by a grand jury for which the prosecutor appointed the foreperson and clerk. We reverse and remand.

FACTS

A grand jury indicted Edward Bitz on one count of premeditated intentional murder in the first degree, one count of intentional murder in the second degree, and one count of felony murder in the second degree. During the grand jury proceeding, the county attorney appointed the foreperson and the clerk of the grand jury, contrary to the procedure mandated by statute. On Bitz’s…