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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 Article 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” because: 1. the San Antonio Court of Appeals has treated a similar proceeding in this fashion; 2. this proceeding did not arise during the pendency of a criminal prosecution; 3. this proceeding does not “concern the administration of penal justice;” 4. 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; and 5. she cannot obtain the relief sought via habeas corpus. Although the court agrees that some of these statements are true, the court does not agree that they state a valid basis for concluding that a post-dismissal request for disclosure of grand jury proceedings under article 20.02 is a civil matter or that this court has appellate jurisdiction to review the denial of such a request. Kelly places primary reliance on the decision of the San Antonio Court of Appeals in In Re Grand Jury Proceedings 198.GJ.20, 129 S.W.3d 140 (Tex. App. – San Antonio 2003, pet. denied). Kelly is correct that the San Antonio court docketed that appeal as a civil matter and that it too involved a post-dismissal request for disclosure of grand jury proceedings. However, the court addressed the merits of the appellant’s request for disclosure without discussing whether it had jurisdiction to do so. Kelly characterizes the decision as a “sub silentio holding that jurisdiction existed.” The general constitutional grant of appellate jurisdiction in civil cases is limited to those cases in which the amount in controversy exceeds $100. Kelly’s case does not satisfy the amount-in-controversy requirement. Nor does 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 Chapter 64 of the Code of Criminal Procedure. The state contended in Kutzner v. State, 75 S.W.3d 427 (Tex. Crim. App. 2002), 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 Chapter 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, the court determines, a motion to disclose grand jury proceedings under Article 20.02 is a “criminal law matter” which should be addressed as such in an intermediate court of appeals. 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. The court determines that 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, appeal and habeas corpus are not the only avenues for relief in criminal law matters, the court states. The court holds that a post-dismissal motion for disclosure of grand jury proceedings under Article 20.02 is a criminal law matter. OPINION:Felipe Reyna, J.; Gray, C.J., Vance and Reyna, JJ. CONCURRENCE:Tom Gray, C.J. “Because Kelly had no prosecution pending in the district court where the proceeding was filed, the trial court had no jurisdiction to rule on the merits of the motion.”

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