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Jan052012
« Flournoy upholds new charges against Dwight Brown »
by Kim Isaza
gadailynews.com
newseditor@mdjonline.com
gadailynews.comnewseditor@mdjonline.com
January 05, 2012 12:22 PM
MARIETTA — Judge Robert E. Flournoy III has upheld the second criminal indictment against former Cobb EMC head Dwight Brown.
The Cobb Superior Court judge rejected all three motions brought by the defense that were argued on Nov. 30. In denying Brown’s motion to dismiss the charges because four of the grand jurors that brought the indictment were Cobb EMC members, Flournoy wrote: “Membership in an EMC is frequently no more voluntary than status as a tax payer within a city or county” and noted that the General Assembly has provided that EMC members may serve as trial jurors in a case involving their EMC. Thus, he concludes they may also serve as grand jurors.
The Cobb Superior Court judge rejected all three motions brought by the defense that were argued on Nov. 30. In denying Brown’s motion to dismiss the charges because four of the grand jurors that brought the indictment were Cobb EMC members, Flournoy wrote: “Membership in an EMC is frequently no more voluntary than status as a tax payer within a city or county” and noted that the General Assembly has provided that EMC members may serve as trial jurors in a case involving their EMC. Thus, he concludes they may also serve as grand jurors.
Read more: Cherokee Tribune - Flournoy upholds new charges against Dwight Brown
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