In the fatal shooting of Breonna Taylor the Kentucky Attorney General presented a case to a Grand Jury, but the only indictment was for wanton endangerment. Recently this Washington Post story and this CNN story report that at least two jurors have said that neither murder nor manslaughter charges were presented to the jury,even when jurors asked abut such charges. Other sites carry similar stories.

I understand that normally when a Grand Jury declines to indict for an alleged crime, prosecutors may not present it again to a future Grand Jury. (I believe this rule is statutory, not constitutional.) Bu when , as here, the crime was not even presented to the jury, although the events were, could a later AG or special prosecutor bring such charges?

  • I always assumed prosecutors could take a case back to the grand jury as many times as they wanted. Interested to see whether that's correct or not -- sounds like it could vary quite a bit from one state to the next. – bdb484 Oct 26 '20 at 2:39
  • @bdb484 I recall reading in a few cases, including one of the cases against Bill Cosby, statements that an earlier failure to obtain an indictment barred later prosecution. I don't have a citation, and may be incorrect on this point. – David Siegel Oct 26 '20 at 2:51
  • I couldn't find an answer very quickly. Let's see if someone else can: law.stackexchange.com/questions/57459/… – bdb484 Oct 26 '20 at 4:12

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