Title 7, Title 7 — Criminal Procedure
23 chapters · 437 sections in this title.
W.S. § 7-5-101 Required court order for summoning
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Required court order for summoning. A grand jury shall be summoned only when ordered by a judge of the district court.
W.S. § 7-5-102 Manner of summoning; term
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Manner of summoning; term. A grand jury shall be selected, summoned and impaneled in the same manner as trial juries in civil actions and shall serve for one (1) year following selection unless discharged sooner by the district judge.
W.S. § 7-5-103 Composition; qualifications; alternates
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Composition; qualifications; alternates. (a) A grand jury shall consist of twelve (12) persons who shall possess the qualifications of trial jurors as provided by W.S. 1-11-101. (b) The district judge may direct the selection of one (1) or more alternate jurors who shall sit as r…
W.S. § 7-5-104 (b) Before entering upon their duties, an oath or affirmation shall be administered to the foreman and each of the jurors providing, in substance, that each of them will: (i) Diligently inquire into a
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(b) Before entering upon their duties, an oath or affirmation shall be administered to the foreman and each of the jurors providing, in substance, that each of them will: (i) Diligently inquire into all matters coming before them; (ii) Find and present indictments truthfully and …
W.S. § 7-5-201 Appointment of foreman; oath of jurors
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Appointment of foreman; oath of jurors. (a) The district judge shall appoint one (1) of the jurors to be foreman. The foreman is authorized to administer oaths to witnesses and shall sign indictments as provided by W.S.
W.S. § 7-5-202 Charging of duties; powers
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Charging of duties; powers. (a) After the grand jury is impaneled and sworn, the district judge shall charge the jurors as to their duties particularly to the obligation of secrecy which their oaths impose, and give them any information the court deems proper concerning any offen…
W.S. § 7-5-203 Right of district attorney to appear before jury; presence of other persons during deliberations
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Right of district attorney to appear before jury; presence of other persons during deliberations. (a) The district attorney, or the deputy or assistant district attorney may appear before the grand jury for the purpose of: (i) Giving information relative to any matter under inqui…
W.S. § 7-5-204 Process for witnesses
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Process for witnesses. If requested by the grand jury or the district attorney, the clerk of the court in which the jury is impaneled shall issue subpoenas for the attendance of witnesses to testify before the grand jury.
W.S. § 7-5-205 Administration of oath or affirmation to witnesses
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Administration of oath or affirmation to witnesses. Before any witness is examined by the grand jury, an oath or affirmation shall be administered to him by the foreman.
W.S. § 7-5-206 Proceedings upon refusal of witness to testify
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Proceedings upon refusal of witness to testify. If a witness appearing before a grand jury refuses, without just cause shown, to testify or provide other information, the district attorney may take the witness before the court for an order directing the witness to show cause why …
W.S. § 7-5-207 Secrecy of indictments against persons not under control
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Secrecy of indictments against persons not under control. The district judge may direct that an indictment shall be kept secret until the defendant is in custody or has given bail, and in that event the clerk shall seal the indictment and no person shall disclose the finding of t…
W.S. § 7-5-208 Confidentiality
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Confidentiality. (a) Disclosure of matters occurring before the grand jury, other than its deliberations and the vote of any juror, may be made to the district attorney for use in the performance of his duties. The district attorney may disclose so much of the grand jury's procee…
W.S. § 7-5-209 Presentation and filing of indictment
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Presentation and filing of indictment. Indictments found by the grand jury shall be presented by the foreman to the court in the presence of the jury and filed with the clerk.
W.S. § 7-5-301 Petition for impaneling; determination by district judge
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Petition for impaneling; determination by district judge. If the attorney general or the governor deems it to be in the public interest to convene a grand jury which shall have jurisdiction extending beyond the boundaries of any single county, he may petition the judge of any dis…
W.S. § 7-5-302 Powers and duties; applicable law; procedural rules
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Powers and duties; applicable law; procedural rules. A state grand jury shall have the same powers and duties and shall function in the same manner as a county grand jury, except for the provisions of W.S. 7-5-202(b)(ii), and except that its jurisdiction shall extend throughout t…
W.S. § 7-5-303 Selection and term of members
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Selection and term of members. The district judge granting the petition to convene a state grand jury shall impanel the state grand jury from a base jury list for the state compiled by the supreme court. The district court judge may specify that the base jury list for the state n…
W.S. § 7-5-304 Summoning of jurors
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Summoning of jurors. Jurors shall be summoned and selected in the same manner as jurors of county grand juries.
W.S. § 7-5-305 Judicial supervision
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Judicial supervision. Judicial supervision of the state grand jury shall be maintained by the district judge who issued the order impaneling the grand jury, and all indictments, reports and other formal returns of any kind made by the grand jury shall be returned to that judge.
W.S. § 7-5-306 Presentation of evidence
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Presentation of evidence. The presentation of the evidence shall be made to the state grand jury by the attorney general or his designee. In the event the office of the attorney general is under investigation, the presentation of evidence shall be made to the state grand jury by …
W.S. § 7-5-307 Return of indictment; designation of venue; consolidation of indictments
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Return of indictment; designation of venue; consolidation of indictments. Any indictment by the state grand jury shall be returned to the district judge without any designation of venue. Thereupon, the judge shall, by order, designate the county of venue for the purpose of trial.…
W.S. § 7-5-308 Investigative powers; secrecy of proceedings
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Investigative powers; secrecy of proceedings. (a) In addition to its powers of indictment, a statewide grand jury impaneled under W.S. 7-5-301 through 7-5-309 may, at the request of the attorney general, cause an investigation to be made into the extent of organized criminal acti…
W.S. § 7-5-309 Costs and expenses
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Costs and expenses. The costs and expenses incurred in impaneling a state grand jury and in the performance of its functions and duties shall be paid by the state out of funds appropriated to the attorney general for that purpose.