State v. Dohrn, Nos. 60061
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | Heard before MOORE; McCORMICK |
| Citation | 259 N.W.2d 801 |
| Parties | STATE of Iowa, Appellant, v. Charles R. DOHRN and Charles J. Munson, Appellees. |
| Decision Date | 23 November 1977 |
| Docket Number | Nos. 60061,60073 |
Page 801
v.
Charles R. DOHRN and Charles J. Munson, Appellees.
Page 802
Richard C. Turner, Atty. Gen., John R. Perkins, and William F. Raisch, Asst. Attys. Gen., for appellant.
John J. Carlin, Davenport, for appellee Charles R. Dohrn.
Wayne C. Collins and Patrick M. Roby, of Shuttleworth & Ingersoll, Cedar Rapids, for appellee Charles J. Munson.
Heard before MOORE, C. J., and RAWLINGS, REES, UHLENHOPP and McCORMICK, JJ.
McCORMICK, Justice.
Defendants Charles R. Dohrn and Charles J. Munson were each indicted on six charges of securities law violations and indicted together for conspiracy to commit one such violation. On defendants' motions the trial court dismissed these 13 indictments because of an alleged irregularity in the manner of summoning the grand jurors who comprised the indicting grand jury. The State appealed, and we reverse and remand.
Although the record is silent regarding some material aspects of the grand jury selection process, the parties agree on what the record does show. Two principal events are involved. One relates to the impaneling of the 1976 first quarter Scott County grand jury on January 5, 1976, and the other relates to the reconvening of the grand jury on February 23, 1976. Defendants were indicted by the reconvened grand jury on February 25, 1976.
A grand jury panel to serve during 1976 was selected in December 1975. See § 609.25, The Code. The clerk of court then
Page 803
issued a precept to the sheriff directing him to summon the panel to appear January 5, 1976. See § 609.30, The Code. The sheriff summoned the twelve persons but did not make return of the precept to the clerk's office. See § 609.31, The Code. Cynthia Olson, a secretary in the county attorney's office, was appointed grand jury clerk pursuant to § 770.17, The Code. She notified the panel members by letter to appear on January 5, 1976, the date for which they had been summoned.The twelve persons on the grand jury panel appeared on that date, and a seven-member grand jury was selected, impaneled and sworn in the manner provided by law. See § 770.1-770.14, The Code. This constituted the 1976 first quarter grand jury for Scott County.
The record does not show how long this grand jury remained in session. However, it was not in session on February 6, 1976. On that date the county attorney's office presented an application and proposed order to Judge Robert K. Stohr. The application was as follows:
IN THE MATTER OF RECONVENING THE 1976 GRAND JURY.
Comes now, Edward N. Wehr, Scott County Attorney, and makes Application to the Court to reconvene the Scott County Grand Jury for Monday, February 23, 1976, at 9:15 A.M. pursuant to a request from the Attorney General's office.
WHEREFORE, your Applicant prays for Order of Court.
The court signed the proposed order:
NOW, on this 6 day of February, 1976, the Application of Edward N. Wehr, Scott County Attorney, comes to the attention of this Court, and the Court being fully advised in the premises,
ORDERS that the Grand Jury be reconvened on February 23, 1976, at 9:15 A.M., and the Clerk of the District Court shall issue his precepts to the Sheriff of Scott County, Iowa, to summon the persons drawn as Grand Jurors to appear at the Court House on February 23, 1976, at 9:15 o'clock A.M.
/s/ R. K. Stohr
Seventh Judicial District of Iowa
The clerk of court did not issue a precept to the sheriff. Instead the grand jury clerk notified the grand jurors to appear. The record does not show how this notice was given or whether all members of the panel were contacted. On February 23, 1976, ten members of the grand jury panel appeared. They included at least six of the seven members of the first quarter grand jury. The record does not show whether the seventh grand jury member, Mark E. Higgins, appeared on that date. It does reveal that panel member Gary Koenig was selected to take Higgins' place on the grand jury. The parties stipulated that Judge James Havercamp presided on February 23, 1976, and that Koenig "was properly selected, drawn and sworn * * *."
Thus these defendants were indicted by the first quarter grand jury as impaneled on January 5, 1976, except that panel member Koenig was substituted for grand juror Higgins for reasons which the record does not disclose.
Defendants moved to set aside the indictments on the ground provided in § 776.1(7), The Code, that the grand jury was not selected, drawn, summoned, and impaneled as prescribed by law. Specifically, defendants alleged that the grand jury which indicted them was not comprised of the same persons who constituted the grand jury which had been impaneled January 5, 1976. They alleged that the clerk failed to issue a precept to the sheriff as required by Judge Stohr's order of February 6, 1976, as a consequence of which the sheriff did not in fact summon the grand jury as required by the order and by statute.
The trial court sustained defendants' motion on the ground that the procedures employed in connection with the appearance of the grand jury which indicted defendants did not comply with law within the meaning
Page 804
of § 776.1(7), The Code. The State appealed.Our statutes establishing grand jury selection procedures are directory. Deviations are reviewed in accordance with this principle:
It has long been the settled law of this state that a substantial compliance with the statute in the selection of grand jurors is sufficient, and that a slight deviation from statutory methods and a merely technical irregularity will not invalidate an indictment, unless it may reasonably be inferred from the circumstances that some prejudice has resulted to the defendant. State v. Heft, 148 Iowa 617, 619-620, 127 N.W. 830, 831 (1910).
A defendant is not prejudiced by a variance from statutory procedure in the selection of the grand jury which indicted him unless the variance infringes his substantial rights. Prejudice is not presumed when a departure from statutory procedure occurs. The burden to show prejudice rests with the...
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State v. Lohr, No. 60994
...no more than substantial compliance with our juror drawing provisions. See State v. Williams, 264 N.W.2d 779 (Iowa 1978); State v. Dohrn, 259 N.W.2d 801, 804 (Iowa 1977), and citations; State v. Williams, 243 N.W.2d at 661; State v. Walker, 192 Iowa 823, 826-827, 185 N.W. 619, 621-622 (1921......
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State v. Paulsen, Nos. 61487
...in the selection of a grand jury will not invalidate an indictment unless the defendant shows he has been prejudiced. State v. Dohrn, 259 N.W.2d 801, 804 (Iowa 1977). A defendant has no constitutional or statutory right to have his case considered by a particular grand jury. Therefore a def......
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State v. Williams, No. 59631
...are substantially complied with. We said this as long ago as State v. Carney, 20 Iowa 82, 84-85 (1866) and as recently as State v. Dohrn, 259 N.W.2d 801, 804 (Iowa In the latter case this appears: "Our statutes establishing grand jury selection procedures are directory. Deviations are revie......
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State v. Rhomberg, No. 92-1987
...worthy purpose of fairly representing minorities, we do not believe Rhomberg's rights were thereby adversely affected. In State v. Dohrn, 259 N.W.2d 801, 804 (Iowa 1977), we held that a variance from the statutory procedure in the selection of a grand jury did not prejudice a defendant unle......
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State v. Lohr, No. 60994
...no more than substantial compliance with our juror drawing provisions. See State v. Williams, 264 N.W.2d 779 (Iowa 1978); State v. Dohrn, 259 N.W.2d 801, 804 (Iowa 1977), and citations; State v. Williams, 243 N.W.2d at 661; State v. Walker, 192 Iowa 823, 826-827, 185 N.W. 619, 621-622 (1921......
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State v. Paulsen, Nos. 61487
...in the selection of a grand jury will not invalidate an indictment unless the defendant shows he has been prejudiced. State v. Dohrn, 259 N.W.2d 801, 804 (Iowa 1977). A defendant has no constitutional or statutory right to have his case considered by a particular grand jury. Therefore a def......
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State v. Williams, No. 59631
...are substantially complied with. We said this as long ago as State v. Carney, 20 Iowa 82, 84-85 (1866) and as recently as State v. Dohrn, 259 N.W.2d 801, 804 (Iowa In the latter case this appears: "Our statutes establishing grand jury selection procedures are directory. Deviations are revie......
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State v. Rhomberg, No. 92-1987
...worthy purpose of fairly representing minorities, we do not believe Rhomberg's rights were thereby adversely affected. In State v. Dohrn, 259 N.W.2d 801, 804 (Iowa 1977), we held that a variance from the statutory procedure in the selection of a grand jury did not prejudice a defendant unle......