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Click here for the full text of this decision FACTS:Regina Kelly filed a motion for disclosure of grand jury proceedings under Texas Code of Criminal Procedure Art. 20.02(d) three years after the trial court granted the state’s motion to dismiss its case against Kelly. The trial court denied Kelly’s motion, and she filed this appeal. HOLDING:Dismissed. Article 20.02 provides that a defendant may file a petition in the district court in which his or her prosecution is pending to obtain the disclosure of information relating to a grand jury proceeding which is otherwise made secret by statute “on a showing by the defendant of a particularized need.” When an issue is raised regarding the disclosure of grand jury information in an appeal from a conviction, the issue is plainly a matter of criminal law governed by the statutes and rules generally applicable to appeals in criminal cases. Kelly contends that this proceeding is “civil in nature.” Kelly’s case does not satisfy the amount-in-controversy requirement. Article 20.02 provide a specific grant of appellate jurisdiction in such cases. Kelly contends that this is a civil matter because she did not file her motion for disclosure during the pendency of a criminal prosecution. The Court of Criminal Appeals has rejected similar reasoning in an appeal from the denial of a motion for post-conviction DNA testing under Ch. 64 of the Code of Criminal Procedure. Kutzner v. State, 75 S.W.3d 427 (Tex. Crim. App. 2002). The state contended in Kutzner that the Court of Criminal Appeals did not have appellate jurisdiction because it was not a “criminal case.” The state argued that it was not a “criminal case” because the appellant had “not been found guilty of anything and no punishment ha[d] been assessed.” The court rejected this contention, holding that a proceeding under Ch. 64 “is a”criminal case’ because it”is too closely connected’ with the criminal case in which appellant was convicted . . . .” Although Kelly’s case is not “closely connected” to a conviction, it is “closely connected” to the criminal case in which she was prosecuted. In addition, the longstanding common law and statutory rule that grand jury proceedings are secret is a fundamental component of our system of criminal justice. Accordingly, a motion to disclose grand jury proceedings under Art. 20.02 is, the court states, a “criminal law matter” which should be addressed as such in an intermediate court of appeals. For the same reason, the Court of Criminal Appeals should be the court of last resort in this state to address issues regarding the disclosure of grand jury proceedings. Because the secrecy of grand jury proceedings is a fundamental component of our criminal justice system, the court expressly rejects Kelly’s contention that this proceeding does not “concern the administration of penal justice.” Kelly also contends that this is a civil matter because the state has not participated in this proceeding and only “private parties to underlying federal civil litigation” have appeared in opposition to her request for disclosure. However, the clerk’s record reflects that Robertson County (a political subdivision of the state), the district attorney (the attorney representing the state in criminal law matters), and numerous law enforcement officials filed a response in opposition to Kelly’s motion to disclose. Thus, the state has participated in this proceeding. Finally, Kelly contends that this is a civil matter because she cannot obtain the relief sought via habeas corpus. However, the court notes, appeal and habeas corpus are not the only avenues for relief in criminal law matters. The court holds that a post-dismissal motion for disclosure of grand jury proceedings under Art. 20.02 is a criminal law matter. No statute authorizes an appeal from the denial of a post-dismissal motion for disclosure of grand jury proceedings. OPINION:Reyna, J.; Gray, Vance and Reyna, JJ.

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