Is Using Grand Jury Subpoena As a ''Fishing Expedition'' Legal ?
In Thurman v. State, 861 S.W.2d 96, 100 (Tex. App.-Houston [1st Dist.] 1993, no writ), Justice Cohen concurred with his own opinion to emphasize the evils resulting from the States' abuse of the grand jury subpoena.
Justice Cohen urged legislation that would limit those who can issue grand jury subpoenas, and limit subpoenas' use to only those matters under investigation by the grand jury.
New legislation would prohibit the States' use of a grand jury subpoena to go on a fishing expedition when they could not do so by any other means.