Legal Opinion
United States v. Scully
District Court, S.D. New York
Decided March 5, 1954PublishedCited by 12 opinions
1Opinion of the Court
GODDARD, District Judge.
Motion to dismiss the indictment against the defendant, Scully, for failure to warn him of his constitutional rights under the Fifth Amendment when he appeared before the grand jury.
On or about December 14, 1953, the defendant, Scully, was served with a subpoena to appear before the grand jury on December 17, 1953. Pursuant to the subpoena, he appeared and testified without claim of privilege. He says that he had not consulted an attorney at the time, and that he was not advised of his constitutional privilege of refraining from incriminating himself.
At the time he…
2Cases cited11 opinions
- Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
- O'CONNELL v. United StatesCourt of Appeals for the Second Circuit · 1930
- United States v. KimballU.S. Circuit Court for the District of Southern New York · 1902
- United States v. LawnDistrict Court, S.D. New York · 1953
- United States v. PlevaCourt of Appeals for the Second Circuit · 1933
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. Patrick J. ScullyCourt of Appeals for the Second Circuit · 1955
- United States v. KleinDistrict Court, S.D. New York · 1954
- United States v. GilboyDistrict Court, M.D. Pennsylvania · 1958
- United States v. Salvatore J. Cefalu, Also Known as Sam Cefalu, Samuel A. Librizzi, Also Known as Sam Librizzi, and August PalmisanoCourt of Appeals for the Seventh Circuit · 1964
- United States v. McCarthyDistrict Court, E.D. New York · 1966
7 more not listed; retrieve them via the Exa API.