Smith v. United States,
423 U.S. 1303 (1975)

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U.S. Supreme Court

Smith v. United States, 423 U.S. 1303 (1975)

Smith v. United States

No. A-230

Decided September 11, 1975

423 U.S. 1303


Application for stay of District Court's order that the files and records of the federal grand jury that indicated applicants be turned over to a state prosecutor contemplating state prosecution of applicants, is granted pending appeal. There are substantial questions whether (1) the state prosecutor's claimed need for such materials meets the "compelling necessity" standard for disclosure set forth in Fed.Rule Crim.Proc. 6(e), since, inter alia, it is likely that applicants cannot be prosecuted at all under California's double jeopardy provision, (2) the turnover order would nullify the immunity granted to certain federal grand jury witnesses, (3) such order should include illegally seized evidence, and (4) double jeopardy might preclude state prosecution.

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