· 9/12/1986
In Re Grand Jury Proceedings, Gj-76-4 & Gj-75-3
Citations
- 800 F.2d 1293
- 1986 U.S. App. LEXIS 30462
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “particularized need’ standard 69 requires more than relatedness but that “[o]bviously, the materials must be ‘rationally related’ for otherwise there would be no reason at all to disclose”
- noting right to disclosure may not rest simply on weakness of the public interest considerations in favor of secrecy
- allowing production where whole matter had already been thoroughly aired publicly in criminal proceedings that resulted in acquittal and grand jury proceedings had terminated years earlier
- “If the witnesses before the grand jury can be harassed, coerced or intimidated by … disclosure, that peril became real when the prior disclosure was made.”
- not- ing that the need for secrecy diminishes when the grand jury investi- gation ends and when there is a \[l]apse of time between the grand jury proceedings and the motion for disclosure\
- “If the grand jury investigation not only has terminated but, in addition, the resulting criminal proceedings themselves have been concluded without any threat of other prosecutions, the reasons for secrecy are weakened even further.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Russell, Phillips
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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