Legal Opinion
United States v. Franklyn G. Perry
Court of Appeals for the Ninth Circuit
Decided September 22, 1988No. 85-1046PublishedCited by 38 opinions
1Opinion of the Court
KOELSCH, Circuit Judge:
I Sixth Amendment Right to Counsel
Part One of this appeal presents the troublesome question whether the post-indictment service of a grand jury subpoena on a target’s counsel constitutes a per se violation of the Sixth Amendment. Although we do not condone such conduct, we are constrained by Supreme Court and Ninth Circuit precedent to hold that the per se rule of prejudice is inapplicable on these facts.
A
The government’s apparently increasing use of grand jury subpoenas on a target’s counsel, both pre- and post-indictment, has been the subject of much comment in the…
2Cases cited37 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Anders v. CaliforniaSupreme Court of the United States · 1967
- United States v. CronicSupreme Court of the United States · 1984
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Doyle v. OhioSupreme Court of the United States · 1976
32 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States v. Brent Paul SwansonCourt of Appeals for the Ninth Circuit · 1991
- United States v. Michael H. Boulware, United States of America v. Michael H. BoulwareCourt of Appeals for the Ninth Circuit · 2004
- Donald K. Stern v. United States District Court for the District of MassachusettsCourt of Appeals for the First Circuit · 2000
- Robert L. Mendenhall, and Cmi Corporation v. Cedarapids, Inc., Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1993
- United States v. Noah Ryan Robinson and John Anthony Robinson, and Noah Robinson v. United States of America, and John A. Robinson v. United StatesCourt of Appeals for the Seventh Circuit · 1993
33 more not listed; retrieve them via the Exa API.