GOODMAN
v.
UNITED STATES ET AL.

U.S. | 1961-10-16
No. 281
368 U.S. 14 Supreme Court of the United States (1961) Positive Treatment
Cited by 10 cases

Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. In the light of the representations of the Solicitor General and upon consideration of the entire record, the judgment of the Court of Appeals is vacated and the case is remanded to the District Court to permit the United States to file an appropriate motion in that court to withdraw its prior application for an order directing petitioner to testify.


Cases With Similar Vibessemantic neighbors from the corpus


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  • …the SEC in obedience to a subpoena from that agency. “A waiver of the privilege must occur in the same proceeding in which it is sought to be invoked.” United States v. Goodman, 289 F. 2d 256, 259 (4th Cir.), vacated and. remanded on other grounds, 368 U.S. 14, 82 S.Ct. 127, 7 L.Ed.2d 75 (1961); Bucks County Bank & Trust Company v. Storck, 297 F.Supp. 1122, 1123 (D.Haw. 1969); 8 Wigmore on Evidence § 2276 at 470-472 (McNaughton rev. 1961). But see Supreme Court Standard 511; In Re Penn Central Commercial…
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  • Ellis v. United States, 416 F.2d 791 (D.C. Cir. 1969)
    …hold that waiver takes place when a witness, who has made disclosures to investigating agents is called at trial, or before the grand jury. Compare United States v. Goodman, 289 F. 2d 256, 259 (4th Cir.), vacated and remanded to the district court, 368 U.S. 14, 82 S.Ct. 127, 7 L.Ed.2d 75 (1961). While our rule is somewhat narrower than that urged by Professor McCormick, supra note 21, who suggests waiver as to disclosure in writing as well as sworn testimony, we feel that a statement made to investigators…
  • …is but a fanciful possibility of prosecution that a claim of fifth amendment privilege is not well taken. See, e. g., In re Brogna, 589 F. 2d 24 (1st Cir. 1978); United States v. Goodman, 289 F. 2d 256, 259 (4th Cir. 1961), vacated on other grounds, 368 U.S. 14, 82 S.Ct. 127, 7 L.Ed.2d 75 (1962). When a witness can demonstrate any possibility of prosecution which is more than fanciful he has demonstrated a reasonable fear of prosecution sufficient to meet constitutional muster. Appellees argue that their…

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