540.320. Grand juror not to disclose evidence — penalty. — No grand juror shall disclose any evidence given before the grand jury, nor the name of any witness who appeared before them, except when lawfully required to testify as a witness in relation thereto; nor shall he disclose the fact of any indictment having been found against any person for a felony, not in actual confinement, until the defendant shall have been arrested thereon. Any juror violating the provisions of this section shall be deemed guilty of a class A misdemeanor.
Notes of Decisions
Cited in
10
cases, 1956–2020 · leading case:
Doe v. McCulloch, 542 S.W.3d 354 (Mo. Ct. App. 2017).
Doe v. McCulloch, 542 S.W.3d 354 (Mo. Ct. App. 2017).
· cites it 10× “320, prohibit grand jurors from discussing the grand jury proceedings, for which Doe sought declaratory and injunctive relief preventing McCulloch from enforcing Missouri's laws regarding grand jury secrecy requirements; • Count II-a request for a declaratory judgment that §…”
Doe v. Bell, 367 F. Supp. 3d 966 (E.D. Mo. 2019).
· cites it 9× “In Count II, Juror sought a declaration that § 540.320 R.S.Mo., 4 (a statute that bars grand jurors from revealing evidence presented to the grand jury or the name of any witness who appeared before them), was no longer applicable or valid as applied to Juror.”
Doe v. McCulloch, 106 F. Supp. 3d 1007 (E.D. Mo. 2015).
· cites it 7× “Section 540.320 R.S.Mo. provides that: “No grand juror shall disclose any evidence given before the grand jury, nor the name of any witness who appeared before them.”
Grand Juror Doe v. Robert McCulloch, 835 F.3d 785 (8th Cir. 2016).
“Mo. Rev. Stat. § 540.320 . A question Doe now asks is whether and to what extent the statute applies to her, in light of the fact that McCulloch has disclosed some evidence and witness names.”
Mannon v. Frick, 295 S.W.2d 158 (Mo. 1956).
· cites it 2× “300 is that members of the grand jury may be required by any court to testify whether the testimony of a witness before such court is consistent with his or her prior testimony before the grand jury, and that they may also be required to testify similarly upon any complaint…”
State ex inf. Dalton v. Moody, 325 S.W.2d 21 (Mo. 1959).
· cites it 3× “” Other statutes declare exceptions to the rule of secrecy: § 540.320. “No grand juror shall disclose any evidence given before the grand jury, nor the name of any witness who appeared before them, except when lawfully required to testify as a witness in relation thereto; * * §…”
Grand Juror Doe v. Wesley Bell, 969 F.3d 883 (8th Cir. 2020).
“Because Doe may not “disclose any evidence given before the grand jury” or the “name of any witness,” Mo. Rev. Stat. § 540.320 , the district court reasoned that the prosecuting attorney would have to examine the content of Doe’s speech to find a violation of section 540.”
Palmentere v. Campbell, 205 F. Supp. 261 (W.D. Mo. 1962).
· cites it 2× “” And, finally, with respect to the question of secrecy, Section 540.320 provides: “No grand juror shall disclose any evidence given before the grand jury, nor the name of any witness who appeared before them, except when lawfully required to testify as a witness in relation…”
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