Legal Opinion

In the Matter of Alphonse Persico

Court of Appeals for the Second Circuit

Decided February 19, 1974No. 867, Docket 74-1101PublishedCited by 51 opinions

1Opinion of the Court

WATERMAN, Circuit Judge:

This is an appeal from an adjudication of civil contempt pursuant to 28 U.S.C. § 1826(a) for refusal to answer a question propounded by a grand jury. Appellant refused to answer certain earlier questions on constitutional grounds and was granted “use” and “derivative use” immunity. Then, after answering a few questions, he objected to a particular question and, relying on Gelbard v. United States, 408 U.S. 41, 92 S.Ct. 2357, 33 L.Ed.2d 179 (1972), maintained that the question was derived from electronic surveillance which he claimed was presumptively illegal. The…

2Cases cited6 opinions

  1. United States v. CalandraSupreme Court of the United States · 1974
  2. Kastigar v. United StatesSupreme Court of the United States · 1972
  3. United States v. DionisioSupreme Court of the United States · 1973
  4. Gelbard v. United StatesSupreme Court of the United States · 1972
  5. United States v. BlueSupreme Court of the United States · 1966

1 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. United States v. MillerCourt of Appeals for the Second Circuit · 1997
  2. United States v. MillerCourt of Appeals for the Second Circuit · 1997
  3. In Re Grand Jury Subpoena of Alphonse PersicoCourt of Appeals for the Second Circuit · 1975
  4. In Re Barbara Lochiatto, in Re Patrick Lochiatto, in Re John E. DunnCourt of Appeals for the First Circuit · 1974
  5. Michael L. Shakman, and v. Democratic Organization of Cook County, and City of Chicago and Michael CardilliCourt of Appeals for the Seventh Circuit · 1976

46 more not listed; retrieve them via the Exa API.

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