Legal Opinion

In Re Grand Jury Proceedings (Sealed)

District Court, S.D. New York

Decided April 4, 1985No. M-11-188(CBM)Published

1Opinion of the Court

MEMORANDUM OPINION

MOTLEY, Chief Judge.

This matter is before this court on mov-ant’s motion to quash a subpeona ad testi-ficandum. The movant-witness’s brother is under investigation by the Grand Jury. The movant seeks to quash the subpeona and avoid testifying before the Grand Jury on the ground that he is entitled to exercise a “sibling privilege.” The issue presented by this motion is one of first impression in the Second Circuit.

Facts

The movant was subpoenaed to appear and testify before a federal grand jury empanelled in the Southern District of New York on February 26, 1985. Counsel for…

2Cases cited13 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. United States v. Clara B. Penn, A/K/A Clara B. AlexanderCourt of Appeals for the Ninth Circuit · 1980
  3. United States v. (Under Seal), in Re Antitrust Grand Jury InvestigationCourt of Appeals for the Fourth Circuit · 1983
  4. People v. Fitzgerald, New York County Courts1979
  5. In Re Grand Jury Proceedings Witness AgostoDistrict Court, D. Nevada · 1983

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