Legal Opinion
In Re Grand Jury Proceedings, Tom Hergenroeder
Court of Appeals for the Ninth Circuit
Decided June 9, 1977No. 77-2113PublishedCited by 27 opinions
1Per curiam
Tom Hergenroeder appeals an order that he stand committed until he purges his contempt or until the adjournment of the grand jury which requested the handwriting exemplar he has refused to produce.
Faced with Supreme Court authority that he has neither a Fourth Amendment 1 nor a Fifth Amendment 2 right to refuse the exemplar, Hergenroeder claims a “supervisory-power” right to an affidavit from the government that the exemplar is relevant to an ongoing investigation by the grand jury, and is “not sought for some other purpose.” A case from another circuit appears to support this proposition.…
2Cases cited5 opinions
- United States v. WadeSupreme Court of the United States · 1967
- United States v. MaraSupreme Court of the United States · 1973
- In Re Grand Jury Proceedings. In Re Jacqueline Schofield, WitnessCourt of Appeals for the Third Circuit · 1973
- United States v. Herman ChanenCourt of Appeals for the Ninth Circuit · 1977
- In the Matter of Stanley Cecil Braughton, Grand Jury Witness. United States of America v. Stanley Cecil BraughtonCourt of Appeals for the Ninth Circuit · 1975
3Cited by27 opinions
- In Re Grand Jury Subpoena For: William Lathan Osterhoudt, Luxana Phaksuan. Luxana Phaksuan, Movant-Appellant v. United StatesCourt of Appeals for the Ninth Circuit · 1983
- John Doe v. Joseph DigenovaCourt of Appeals for the D.C. Circuit · 1985
- State Ex Rel. John Doe v. TroisiWest Virginia Supreme Court · 1995
- In Re Grand Jury Proceeding.Court of Appeals for the Ninth Circuit · 1983
- In Re Grand Jury Investigation. United States of America v. Patricia McLeanCourt of Appeals for the Fifth Circuit · 1977
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