KENERLY v. State
311 Ga. App. 190
Ga. Ct. App.2011Background
- Kenerly v. State involves a special purpose grand jury impaneled under OCGA § 15-12-100 to investigate Gwinnett County Board of Commissioners' real property acquisitions.
- After a year-long investigation, the State sought to indict Kenerly; he objected and refused to participate in evidence presentation.
- On Oct 8, 2010, the SPJG returned an indictment charging bribery and failure to disclose financial interests.
- The trial court held a hearing, denied the objection, and upheld the SPJG’s authority to indict.
- Kenerly appeals, challenging the SPJG’s statutory authority to return a criminal indictment.
- The question is whether the statute authorizes SPJGs to indict, which would require reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SPJGs have power to indict. | Kenerly | State | No; SPJG lacks power to indict. |
Key Cases Cited
- State v. Bartel, 223 Ga.App. 696 (1996) (special purpose grand juries conduct civil investigations; oath rule differs)
- Vaughn v. State, 259 Ga. 325 (1989) (indictment issues involving special or regular juries not clear in same context)
- Inman v. State, 187 Ga.App. 652 (1988) (no clear indication SPJG indicted; focuses on testimony before SPJG)
- Williams v. State, 181 Ga.App. 204 (1986) (issues about SPJG indictments not addressed)
- Housing Auth. of C. of Macon v. Ellis, 288 Ga.App. 834 (2007) (statutory interpretation; legislature behind existing law)
- Chase v. State, 285 Ga.693 (2009) (statutory interpretation; enactments with full knowledge of law)