Opinion

Movants to Quash Multicounty Grand Jury Subpoena v. Dixon

  • 184 P.3d 546
  • 2008 OK 36
  • 2008 Okla. LEXIS 39
  • 2008 WL 1734724
Court
Supreme Court of Oklahoma
Filed
Apr 15, 2008
Status
Published
Author
Opala
On the bench
Winchester, Edmondson, Hargrave, Kauger, Watt, Taylor, Colbert, Reif, Opala
Cited by
25 cases
Authority
More cited than 11.3%

reviewing a challenge concerning the authority of a multicounty grand jury to investigate illegal activity occurring in one county

How later courts described this case

  • reviewing a challenge concerning the authority of a multicounty grand jury to investigate illegal activity occurring in one county

Written by the judges who cited it.

The opinion

OPALA, J.,

dissenting

1 The dispositive question posed for our decision is whether the text of Art. 2, See. 18, Ok1. Const., confers on the Attorney General the authority to convene a multicounty grand jury to investigate activities occurring within a single county. The court's answer is in the affirmative. Its pronouncement relies exclusively on the legislative "clarification" of the constitutional language, Art. 2, See. 18, Ok. Const., contained in the Multicounty Grand Jury Act, 22 0.98.2001 and 0.8. Supp. 2007, §§ 851and 358.

T2 In reaching today's conclusion the court has utterly abdicated its role as the legal system's recognized paramount and exclusive arbiter of the Constitution's meaning. The Legislature's discretion is not unlimited, although its conclusions are often entitled to much deference. Marbury v. Madison, 1 Cranch 137, 176 , 2 L.Ed. 60 (1803); City of Boerne v. Flores, 521 U.S. 507 , 515 and 536, 117 S.Ct. 2157 , 2162 and 2172, 138 L.Ed.2d 624 (1997).

T3 I decline to yield to the Legislature the court's paramount and exelusive power to act as the ultimate arbiter of the constitution's text. 1 Marbury v. Madison, supra; City of Boerne v. Flores, supra.

. The ultimate interpretation and determination of the Constitution's meaning remains the province of the Judicial Branch. Kimel v. Florida Bd. Of Regents, 528 U.S. 62, 81 , 120 S.Ct. 631, 644 , 145 L..Ed.2d 522.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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