THe P&E interviews Hughes

The P&E ‘interviewed’ Hughes who is a public defender in TN and who has represent Raudenbush.

Hughes states about Walt (Fitzpatrick)

I know he feels strongly that the system that’s in effect in east Tennessee and in Monroe County is illegal, a violation of the law.  I know he feels strongly about that.  Obviously, there’s no case law at the present time to support that.  I don’t know how often that issue has been litigated.

Source: the Jaghunter quoting P&E

As I have reported, the history of the foreman of the Grand Jury in TN and the case law do not support Walt’s position nor the P&E’s position. Wishing it to be so, does not yet make it so. While somewhat different from other States, the foreperson of the Grand Jury in TN is not selected randomly but rather appointed by the Judge from all those eligible to serve on a grand jury since the foreperson needs to meet the minimum requirements to serve on a Grand Jury. However, the Judge gets to select whom to appoint and can re-appoint said person for multiple consecutive two year periods of time.

It has been shown how the TN legislator has tried to change this but so far with no success. Walt may believe that the practice violates the law, but he has failed to show, especially in light of precedential rulings, that this is in fact the case.

2 thoughts on “THe P&E interviews Hughes

  1. NBC, I do not think your post is totally accurate. The jury foreman must have the qualifications of a GJ member, save having served recently. Your statement, saying the foreman comes from the pool, is the trap which led to Walt’s difficulties. The pool does not contain those individuals who have recently served, otherwise they would need to be manually eliminated at jury selection time.

  2. The pool does not contain those individuals who have recently served, otherwise they would need to be manually eliminated at jury selection time.

    Good point.

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