Tierney v. United States,
409 U.S. 1232 (1972)

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U.S. Supreme Court

Tierney v. United States, 409 U.S. 1232 (1972)

Tierney v. United States

No. A-49

Decided September 12, 1972*

409 U.S. 1232


Applicants had been granted "use" immunity, and were testifying before a grand jury when court-approved electronic surveillance of a telephone resulted in interception of a conversation of their attorney. Their refusal thereafter to answer certain questions propounded by the grand jury resulted in commitment for civil contempt. The applicants, claiming deprivation of their right to counsel, appealed the commitment and applied for bail pending disposition of the appeals. The Government responded that, since the applicants had been granted all the immunity to which they were constitutionally entitled, there was no longer an attorney-client privilege to be protected.

Held: Bail should be granted under the standard applicable under 28 U.S.C. § 1826(b), since the issues are not frivolous and the appeals are not taken for delay.

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