Brent Douglas Cole v. United States
FifthAmendment CriminalProcedure
Whether the indictment in this case should have been dismissed because the structural protections of the grand jury designed to safeguard individual rights and liberties were compromised when the prosecution impermissibly interfered with the grand jury's function guaranteed by the Fifth Amendment to act as an independent investigative body when the prosecution abruptly prevented a grand juror from asking a question the grand juror deemed relevant?
Did this interference impermissibly alter the structure of the grand jury by taking away the freedom given to the grand jury to pursue its investigation unhindered by external influence or supervision and to make its decision based on evidence it deems appropriate and to protect individual's right of freedom and liberty? Is a constitutionally deficient Indictment structural error?
Whether the indictment in this case should have been dismissed because the structural protections of the grand jury designed to safeguard individual rights and liberties were compromised