Legal Opinion
In Re Grand Jury Witness. Nancy (Michelle) Whitnack v. United States
Court of Appeals for the Ninth Circuit
Decided December 29, 1976No. 76-3138PublishedCited by 8 opinions
1Opinion of the Court
GOODWIN, Circuit Judge:
The narrow issue in this appeal from an adjudication of contempt and resulting imprisonment is whether a witness may, by the “mere assertion” that her grand-jury subpoena was the primary product of an illegal wiretap, successfully resist the grand jury’s demand for nontestimonial evidence, in this case, fingerprints and handwriting samples.
The case does not involve the production of testimonial evidence. See Gelbard v. United States, 408 U.S. 41, 92 S.Ct. 2357, 33 L.Ed.2d 179 (1972); United States v. Vielguth, 502 F.2d 1257 (9th Cir. 1974). This witness simply refused…
2Cases cited2 opinions
- Gelbard v. United StatesSupreme Court of the United States · 1972
- United States v. Jonathan Edward Vielghth, Special Grand Jury WitnessCourt of Appeals for the Ninth Circuit · 1974
3Cited by8 opinions
- Carter v. Telectron, Inc.District Court, S.D. Texas · 1977
- In Re Grand Jury Matter. In Re Linda Backiel, WitnessCourt of Appeals for the Third Circuit · 1990
- In Re Proceedings to Enforce Grand Jury SubpoenasDistrict Court, E.D. Pennsylvania · 1977
- In Re Grand Jury Investigation, 2003r01576. John Doe, Witness-Appellant v. United StatesCourt of Appeals for the Ninth Circuit · 2006
- In Re Grand Jury Investigation, 2003r01576. John Doe, Witness-Appellant v. United StatesCourt of Appeals for the Ninth Circuit · 2005
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