Legal Opinion
United States v. Andrew "Andre" D'Apice
Court of Appeals for the Fifth Circuit
Decided December 14, 1981No. 81-5546PublishedCited by 43 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
The district court adjudged Andrew D’Apice in criminal contempt for refusing to testify in a criminal case under use immunity granted him by the court and the prosecutor. We find that D’Apice’s refusal to testify was a valid exercise of his fifth amendment privilege and therefore reverse.
I
On October 15, 1980, a grand jury in the Southern District of Florida indicted Andrew D’Apice, Robert DiBernardo and Theodore Rothstein for interstate transportation of obscene materials and for conspiring to commit that offense. Subsequently, Di-Bernardo and Rothstein moved to sever…
2Cases cited21 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Hoffman v. United StatesSupreme Court of the United States · 1951
- Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
- Government of the Virgin Islands v. Glen Smith, Elton Rieara, Elvis Smith and Roland GeorgesCourt of Appeals for the Third Circuit · 1980
- Carl D. Wehling and Geraldine D. Wehling v. Columbia Broadcasting SystemCourt of Appeals for the Fifth Circuit · 1980
16 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- United States v. Michael G. Thevis, Alton Bart Hood, Global Industries, Inc., Anna Jeanette EvansCourt of Appeals for the Fifth Circuit · 1982
- United States v. Eddie Wayne RobersonCourt of Appeals for the Fifth Circuit · 1989
- United States v. Jamiel Alexander ChagraCourt of Appeals for the Fifth Circuit · 1982
- Rechtzigel v. CommissionerUnited States Tax Court · 1982
- Gary Thomas Rowe v. Carl Griffin, Etc., Hon. Jesse O. BryanCourt of Appeals for the Eleventh Circuit · 1982
38 more not listed; retrieve them via the Exa API.