United States Supreme Court Cases & Opinions

U.S. Supreme Court

Black v. United States, 385 U.S. 26 (1966)

Black v. United States

No. 1029, October Term, 1965

Certiorari denied May 2, 1966

Rehearing and certiorari granted,

and case decided November 7, 1966

385 U.S. 26

Syllabus

After denial of certiorari in this case, the Solicitor General voluntarily advised that, in connection with another matter, monitoring petitioner's room disclosed conversations between petitioner and his attorney at the time this case was being presented to the Grand Jury. Notes and reports made therefrom were forwarded later to Tax Division attorneys for use in preparation for trial in the case. The Solicitor General also advised that these attorneys did not regard the material as relevant and did not know it included attorney-client conversations, and suggested that the judgment be vacated and remanded to the District Court for a hearing at which the material would be produced and the court could determine whether the conviction should stand. In view of the report of the Solicitor General and in order to make certain that petitioner be accorded a trial free from any inadmissible evidence, held: the judgment should be vacated, and the case remanded for a new trial.

Rehearing and certiorari granted; 122 U.S.App.D.C. 347, 353 F.2d 885, vacated and remanded.