Legal Opinion
United States v. Gallo
Court of Appeals for the Second Circuit
Decided September 22, 1988No. 560, Docket 87-1379PublishedCited by 20 opinions
1Opinion of the Court
WINTER, Circuit Judge:
This appeal raises in stark form the question of under what circumstances a defendant is entitled to a dismissal of an indictment where his fifth amendment rights have been violated by the inadvertent inclusion of prior immunized testimony in an application for electronic surveillance that led to evidence of his criminality.
Julie Miron testified under a grant of immunity before a grand jury looking into the activities of now-convicted labor-racketeer John Cody. A paragraph of Miron’s testimony was erroneously included in a lengthy application for an extension of an…
2Cases cited26 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Franks v. DelawareSupreme Court of the United States · 1978
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
21 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United States v. SalemmeDistrict Court, D. Massachusetts · 1999
- United States v. Jerry Lee HarveyCourt of Appeals for the Eleventh Circuit · 1989
- United States v. Carl NanniCourt of Appeals for the Second Circuit · 1995
- United States v. Remi Pelletier and Robert PelletierCourt of Appeals for the Second Circuit · 1990
- United States v. Martin SchwimmerCourt of Appeals for the Second Circuit · 1989
15 more not listed; retrieve them via the Exa API.