(1) The district courts are hereby vested with power to call grand juries.
(2) A grand jury may be called and summoned in the manner provided by law on such day of a regular term of the district court in each year in each county of the state as the district court may direct and at such other times and upon such notice as the district court may deem necessary.
(3) District courts shall call a grand jury in each case that a petition meets the requirements of section 32-628, includes a recital as to the reason for requesting the convening of the grand jury and a specific reference to the statute or statutes which are alleged to have been violated, and is signed not more than ninety days prior to the date of filing under section 29-1401.02 by not less than ten percent of the registered voters of the county who cast votes for the office of Governor in such county at the most recent general election held for such office.
(4) District courts shall call a grand jury in each case upon certification by the county coroner or coroner's physician that a person has died while being apprehended by or while in the custody of a law enforcement officer or detention personnel. In each case subject to this subsection:
(a) Law enforcement personnel from the jurisdiction in which the death occurred shall immediately secure the scene, preserve all evidence, and investigate the matter as in any other homicide. The case shall be treated as an open, ongoing matter until all evidence, reports, and other relevant material which has been assembled are transferred to a prosecuting attorney selected pursuant to subdivision (b) of this subsection;
(b) The county attorney or a member of his or her staff shall be the prosecuting attorney. Except as provided in subdivision (d) of this subsection, the prosecuting attorney shall, as soon as practicable, select a team of three peace officers trained to investigate homicides. At least two of such investigators shall be from agencies other than the agency under which the death occurred. The team shall examine all evidence concerning the cause of death and present the findings of its investigation to the prosecuting attorney;
(c) A grand jury shall be impaneled within thirty days after the certification by the county coroner or coroner's physician, unless the court extends such time period upon the showing of a compelling reason; and
(d) In those cases in which the death has been certified by a licensed practicing physician to be from natural causes, the county attorney or a member of his or her staff may present such finding to a grand jury without selecting a three-member team of peace officers to investigate.
Notes of Decisions
State v. Douglas Cnty. Dist. Court (In Re Grand Jury of Douglas Cnty.), 302 Neb. 128 (Neb. 2019).
· cites it 5× “Likewise, we see no reason why a grand jury court or a trial court proceeding over the criminal prosecutions cannot consider a motion for protective order and, upon good cause shown, grant relief consistent with a party's right to a fair trial while still adhering to §…”
In Re Grand Jury of Douglas Cnty., 644 N.W.2d 858 (Neb. 2002).
· cites it 12× “Pursuant to Neb. Rev. Stat. § 29-1401 (Cum. Supp. 2000), the court directed that a grand jury be convened to review the circumstances surrounding the death.”
Sherry Luckert v. Dodge Cnty., 684 F.3d 808 (8th Cir. 2012).
“As required by Nebraska law, see Neb. Rev. Stat. § 29-1401 (4), a grand jury investigated Sampson’s death.”
In re Grand Jury of Douglas Cty., 302 Neb. 128 (Neb. 2019).
· cites it 5× “01(2)(b), which provides: In the case of a grand jury impaneled pursuant to subsec- tion (4) of section 29-1401, a transcript, including any exhibits of the grand jury proceedings, shall be prepared at court expense and shall be filed with the court where 1 See Neb.”
Cook v. Smith, 834 P.2d 418 (N.M. 1992).
“Neb.Rev.Stat. § 29-1401 (1989). North Dakota, as well, appears to impose a duty on the court to convene a grand jury when presented with an otherwise sufficient petition: Any judge of the district court for any county must direct .”
Convisser v. Ecoversity, 2013 NMSC 039 (N.M. 2013).
“§ 22-3001 (c) (2013); Neb. Rev. Stat. Ann. § 29-1401 (3) (2010); Nev.”
Convisser v. Ecoversity, 2013 NMSC 39 (N.M. 2013).
“§ 22-3001 (c) (2013); Neb. Rev. Stat. Ann. § 29-1401 (3) (2010); Nev.”
Neb. Rev. Stat. § 29-1401(4): 3 cases
State v. Douglas Cnty. Dist. Court (In Re Grand Jury of Douglas Cnty.), 302 Neb. 128 (Neb. 2019).
“Likewise, we see no reason why a grand jury court or a trial court proceeding over the criminal prosecutions cannot consider a motion for protective order and, upon good cause shown, grant relief consistent with a party's right to a fair trial while still adhering to §…”
In Re Grand Jury of Douglas Cnty., 644 N.W.2d 858 (Neb. 2002).
“Pursuant to Neb. Rev. Stat. § 29-1401 (Cum. Supp. 2000), the court directed that a grand jury be convened to review the circumstances surrounding the death.”
In re Grand Jury of Douglas Cty., 302 Neb. 128 (Neb. 2019).
“01(2)(b), which provides: In the case of a grand jury impaneled pursuant to subsec- tion (4) of section 29-1401, a transcript, including any exhibits of the grand jury proceedings, shall be prepared at court expense and shall be filed with the court where 1 See Neb.”
Neb. Rev. Stat. § 29-1401(4)(b): 1 case
In Re Grand Jury of Douglas Cnty., 644 N.W.2d 858 (Neb. 2002).
“Pursuant to Neb. Rev. Stat. § 29-1401 (Cum. Supp. 2000), the court directed that a grand jury be convened to review the circumstances surrounding the death.”
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