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eBook details

Title: State Tennessee v. Superior Oil
Author : Supreme Court of Tennessee
Release Date : January 11, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

ANDERSON, J. We are asked in this appeal to determine the constitutionality of the Water Quality Control Act of 1977, which requires that
the district attorney general or the grand jury obtain permission from either the Water Quality Control Board or the Commissioner
of the Department of Health and Environment before a warrant, presentment, or indictment may be issued for violation of the
Act. The trial court upheld the constitutionality of the Act. Because the Act infringes upon the prosecutorial discretion
of the district attorney general and circumscribes the independence of the grand jury to investigate crimes and issue presentments,
we conclude that it violates Article VI, § 5 and Article I, § 14 of the Tennessee Constitution.

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