Legal Opinion

State v. Roark

Court of Appeals of Alaska

Decided September 6, 1985No. A-704PublishedCited by 4 opinions

1Opinion of the Court

OPINION

BRYNER, Chief Judge.

In this case, we are called upon to decide the validity of indictments issued by a grand jury when an appropriate oath was not administered to several of its members before those indictments were issued. We conclude that, under the circumstances of this case, individuals serving on the grand jury who had not taken the oath of office were nonetheless de facto members of the jury and that, therefore, their participation in the grand jury proceedings was not improper.

FACTS

A grand jury was convened in Anchorage on May 31, 1984, and sat during the months of July, August…

2Cases cited20 opinions

  1. The People v. . PetreaNew York Court of Appeals · 1883
  2. McDowell v. United StatesSupreme Court of the United States · 1895
  3. Miller v. StateAlaska Supreme Court · 1969
  4. United States v. Daniel MacKlinCourt of Appeals for the Second Circuit · 1975
  5. United States v. Bernhard FeinCourt of Appeals for the Second Circuit · 1974

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3Cited by4 opinions

  1. D'Amato v. S.D. Warren Co.Supreme Judicial Court of Maine · 2003
  2. Vroman v. City of SoldotnaAlaska Supreme Court · 2005
  3. Eberaia Fields v. State of IndianaIndiana Court of Appeals · 2017
  4. State v. AloysiusCourt of Appeals of Alaska · 1999

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