In re Gordon

13 Citing cases

  1. In re Grand Jury Proceedings McElhinney

    677 F.2d 738 (9th Cir. 1982)   Cited 1 times

    "We decline to hold that an immunized witness can stop the investigation, assert his list of objections, proceed with comprehensive discovery, and ultimately have a full-fledged suppression hearing to determine whether or not the court order allowing the surveillance or the manner of its execution is vulnerable to some attack." The district court in the pending case based its rejection of McElhinney's request for disclosure on In re Gordon, 534 F.2d 197 (9th Cir. 1976). In Gordon, the witness was denied access to the Attorney General's application and the court order authorizing electronic surveillance on the ground that "[d]isclosure . . . as sought by the appellant at the contempt proceeding would be of value only in the type of hearing precluded by Droback."

  2. In re McElhinney

    698 F.2d 384 (9th Cir. 1983)

    On three separate occasions we have rejected either plenary hearings or access to materials that would necessitate a plenary hearing. In re Gordon, 534 F.2d 197, 199 (9th Cir. 1976) (no inquiry permitted as to whether other investigative techniques were available at time court ordered electronic surveillance because such determination would require plenary hearing); United States v. Canon, 534 F.2d 139, 140 (9th Cir. 1976) (witness not allowed to delay grand jury proceeding by litigating validity of surveillance); Droback v. United States, 509 F.2d 625 (9th Cir. 1974) (no plenary challenge of electronic surveillance permitted). We believe the trial court erred, however, in extrapolating from those cases a rule that under no circumstances is a grand jury witness entitled to limited access to documents.

  3. In re DeMonte

    667 F.2d 590 (7th Cir. 1981)   Cited 9 times

    Thus, Persico proposed that section 2515 is applicable only when the judge recognizes the illegality of the surveillance independently of a challenge by the witness. See also In re Gordon, 534 F.2d 197 (9th Cir. 1976); In re Grand Jury Proceedings (Worobyzt), 522 F.2d 196 (5th Cir. 1975), cert. denied, 425 U.S. 911, 96 S.Ct. 1507, 47 L.Ed.2d 761 (1976). An alternative approach was suggested in In re Lochiatto, 497 F.2d 803 (1st Cir. 1974).

  4. In re Harkins

    624 F.2d 1160 (3d Cir. 1980)   Cited 8 times

    These limitations would cause only minimum disruption of the grand jury proceedings. The Second Circuit's position has been largely adopted by the Fifth, Seventh, and Ninth Circuits in In re Special February, 1977 Grand Jury (Pavone), 570 F.2d 674 (7th Cir.), cert. denied, 437 U.S. 904, 98 S.Ct. 3089, 57 L.Ed.2d 1133 (1978); In re Grand Jury Proceeding (Worobyzt), United States v. Worobyzt, 522 F.2d 196 (5th Cir. 1975), cert. denied, 425 U.S. 911, 96 S.Ct. 1507, 47 L.Ed.2d 761 (1976); and In re Gordon, 534 F.2d 197 (9th Cir. 1976). We, however, are persuaded by the reasoning of three other circuit courts which have rejected or modified the Persico doctrine. Most recently the District of Columbia in In re Grand Jury Proceedings (Katsourous), 613 F.2d 1171 (D.C.Cir. 1979), following the First and Eighth Circuits in In re Lochiatto, 497 F.2d 803 (1st Cir. 1974); and Melickian v. United States, 547 F.2d 416 (8th Cir.), cert. denied, 430 U.S. 986, 97 S.Ct. 1684, 52 L.Ed.2d 381 (1977), held that a witness does have a right of access, absent a showing of privilege or secrecy by the government, to the government documents supporting the wiretap, although it did not give the witness the right, as no court has done, to introduce evidence in his contempt hearing challenging the sufficiency of the evidence in those documents.

  5. In re Grand Jury Proceedings

    613 F.2d 1171 (D.C. Cir. 1979)   Cited 5 times

    Different procedural rights and limitations have been adopted reflecting this division. In the Matter of Special February, 1977 Grand Jury (Pavone), 570 F.2d 674 (7th Cir.), cert. denied, 437 U.S. 904, 98 S.Ct. 3089, 57 L.Ed.2d 1133 (1978); In re Contempt Proceedings Against Melickian, 547 F.2d 416 (8th Cir.), cert. denied, 430 U.S. 986, 97 S.Ct. 1684, 52 L.Ed.2d 381 (1977); In re Gordon, 534 F.2d 197 (9th Cir. 1976); In re Grand Jury Proceedings (Worobyzt), 522 F.2d 196 (5th Cir. 1975), cert. denied, 425 U.S. 911, 96 S.Ct. 1507, 47 L.Ed.2d 761 (1976); Droback v. United States, 509 F.2d 625 (9th Cir. 1974), cert. denied, 421 U.S. 964, 95 S.Ct. 1952, 44 L.Ed.2d 450 (1975); In re Lochiatto, 497 F.2d 803 (1st Cir. 1974); In re Persico, 491 F.2d 1156 (2d Cir.), cert. denied, 419 U.S. 924, 95 S.Ct. 199, 42 L.Ed.2d 158 (1974). The Second Circuit, in the leading case of In re Persico, 491 F.2d 1156 (2d Cir.), cert. denied, 419 U.S. 924, 95 S.Ct. 199, 42 L.Ed.2d 158 (1974), concluded that the recalcitrant witness could invoke Sections 2515 and 2518(10)(a) only in three narrow circumstances which would cause virtually no delay in the grand jury proceedings: "if there is an absence of a necessary court order [to conduct the wiretap surveillance] or if there is a concession from the Government that the surveillance was not in conformity with statutory requirements or if there is a prior judicial adjudication

  6. Matter of Special February, 1977 Grand Jury

    570 F.2d 674 (7th Cir. 1978)   Cited 8 times

    In addition to the Second Circuit, it appears that the Third, Fifth, and Ninth Circuits generally approve somewhat similar limitations. United States v. D'Andrea, 495 F.2d 1170 (3rd Cir. 1974), cert. denied, 419 U.S. 855, 95 S.Ct. 101, 42 L.Ed.2d 88; United States v. Worobyzt, 522 F.2d 196 (5th Cir. 1975), cert. denied, 425 U.S. 911, 96 S.Ct. 1507, 47 L.Ed.2d 761; Droback v. United States, 509 F.2d 625 (9th Cir. 1974), cert. denied, 421 U.S. 964, 95 S.Ct. 1952; In Re Gordon, 534 F.2d 197 (9th Cir. 1976). But see In Re Lochiatto, 497 F.2d 803 (1st Cir. 1974); Melickian v. United States, 547 F.2d 416 (8th Cir. 1977), cert. denied, 430 U.S. 986, 97 S.Ct. 1684, 52 L.Ed.2d 381.

  7. United States v. Morales

    566 F.2d 402 (2d Cir. 1977)   Cited 18 times
    Upholding indictment for criminal contempt returned by the same grand jury before which the defendant had refused to testify

    " 491 F.2d at 1162. We have frequently reaffirmed Persico, e. g., In re Vigorito, 499 F.2d 1351 (2d Cir. 1974), cert. denied, 419 U.S. 1056, 95 S.Ct. 640, 42 L.Ed.2d 654 (1974); In re Millow, 529 F.2d 770 (2d Cir. 1976), and two other Circuits have followed our reasoning there, In re Grand Jury Proceedings (United States v. Worobyzt), 522 F.2d 196 (5th Cir. 1975), cert. denied, 425 U.S. 911, 96 S.Ct. 1507, 47 L.Ed.2d 761 (1976); Droback v. United States, 509 F.2d 625 (9th Cir. 1974), cert. denied, 421 U.S. 964, 95 S.Ct. 1952, 44 L.Ed.2d 450 (1975); In re Gordon, 534 F.2d 197 (9th Cir. 1976). The First and Eighth Circuits have required production of court orders authorizing electronic surveillance in these circumstances when the Government has not made a showing of a need for secrecy.

  8. Melickian v. United States

    547 F.2d 416 (8th Cir. 1977)   Cited 25 times
    In Melickian, the court justified its automatic-release rule on the ground that it "best reconciles the various interests bound up in the bail issue" and upholds "the policy of the statute."

    Id. at 1160-1161. In Re Gordon, 534 F.2d 197 (9th Cir. 1976); In Re Millow, 529 F.2d 770 (2nd Cir. 1976); In Re Grand Jury Proceedings, 522 F.2d 196 (5th Cir. 1975), cert. denied sub nom., Worozbyt v. United States, 425 U.S. 911, 96 S.Ct. 1507, 47 L.Ed.2d 761, 44 U.S.L.W. 3564 (1976); United States v. Grusse, 515 F.2d 157 (2nd Cir. 1975); Droback v. United States, 509 F.2d 625 (9th Cir. 1974), cert. denied, 421 U.S. 964, 95 S.Ct. 1952, 44 L.Ed.2d 450 (1975); In Re Lochiatto, 497 F.2d 803 (1st Cir. 1974); In Re Persico, 491 F.2d 1156 (2nd Cir.), cert. denied, 419 U.S. 924, 95 S.Ct. 199, 42 L.Ed.2d 158, rehearing denied, 419 U.S. 1060, 95 S.Ct. 645, 42 L.Ed.2d 657 (1974). The First Circuit in In Re Lochiatto, 497 F.2d 803 (1st Cir. 1974), reached a somewhat different result.

  9. In re Ray

    51 B.R. 236 (B.A.P. 9th Cir. 1985)   Cited 13 times
    Holding that injuries caused by the act of driving while intoxicated is an intentional tort rendering debts arising therefrom nondischargeable in bankruptcy

    The bankruptcy judge here ruled that recklessness was not enough and that a specific intent to injure the plaintiff was required. The majority, however, joins other courts that have construed the phrase to allow what is at most a reckless drunk driving injury to create a nondischargeable debt. E.g., Den Haerynck v. Thompson, 228 F.2d 72 (10th Cir. 1955); Harrison v. Donnelly, 153 F.2d 588 (8th Cir. 1946); In re Irwin, 2 B.C.D. 783 (Bkrtcy.N.D.Iowa 1976). The Ninth Circuit Court of Appeals and these panels have not spoken on the issue of recklessness as opposed to specific intent in drunk driving cases, but have recently considered this question in cases of conversion and defamation.

  10. In re Oakes

    24 B.R. 766 (Bankr. N.D. Ohio 1982)   Cited 24 times

    The Court found that the civil judgment was nondischargeable in bankruptcy due to debtor's reckless disregard and plea of guilty to involuntary manslaughter. To like effect, see In Re Irwin, 2 B.C.D. 783 (Bkrtcy.N.D.Iowa 1976). Other courts, however, held that reckless disregard was insufficient to find an injury to be willful and malicious and accordingly found the debts concerned to be dischargeable.