Challenge Against State Law Requiring Secrecy After Grand Jury Trial Revived

A woman’s challenge against a Missouri state law prohibiting grand jurors from speaking about their experience had her lawsuit revived by the Eight Circuit 

Doe v. McCulloch, 2016 BL 195633, 8th Cir., No. 15-2667, 6/20/16.

   A female grand juror wanted to speak out about her grand jury trial experience surrounding the police officer involved in the death that sparked riots in Ferguson, Missouri. She started a First Amendment action against the law so that she could come out and dispel certain assumptions about the grand jury verdict, but has not been able to because of the law.

   Initially, a lower court dismissed the case because of its application of a case affecting secrecy and regulatory schemes. On the appeal, the circuit court found that a different case should have been used. This case, R.R. Comm’n of Texas v. Pullman Co., requires that a federal action be stayed to wait and see if the related state matter will moot the federal issue. The court issued in its opinion, “When the state-law issues have been resolved, if the First Amendment claim has not become moot, [plaintiff] may return to federal district court and pursue it.”

https://www.bloomberglaw.com/public/desktop/document/Doe_v_McCulloch_No_152667_2016_BL_195633_8th_Cir_June_20_2016_Cou?1467239982