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IN RE ELKHART GRAND JURY, JUNE 20, 1980

No. 3-481A97.

433 N.E.2d 835 (1982)

In re the Report and Recommendation Issued by the ELKHART GRAND JURY, JUNE 20, 1980. State of Indiana, Respondent-Appellant, v. James Fitzgerald, Petitioner-Appellee.

Court of Appeals of Indiana, Third District.

April 13, 1982.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, Michael A. Consentino, Pros. Atty., Steven H. Kruis, Deputy Pros. Atty., 34th Judicial Circuit, Elkhart, for respondent-appellant.

Stephen R. Bowers, Elkhart, for petitioner-appellee.

GARRARD, Judge.

This appeal concerns the propriety of a "report" issued by a grand jury duly convened in Elkhart County. Upon the completion of its investigations the grand jury reported that it had no indictments to hand down but that it wished to make a public statement which concerned James Fitzgerald, the petitioner below. The court granted the request and the grand jury filed a "report" in which it asserted that Fitzgerald may have committed a misdemeanor in...

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