82 S.Ct. 675 (1962), In re Bart

Citation82 S.Ct. 675, 7 L.Ed.2d 767
Party NameIn re Philip BART.
Case DateMarch 13, 1962
CourtUnited States Supreme Court

Page 675

82 S.Ct. 675 (1962)

7 L.Ed.2d 767

In re Philip BART.

United States Supreme Court.

March 13, 1962

OPINION

Mr. Chief Justice WARREN.

On February 28, 1962, the petitioner refused to answer certain questions in a grand jury investigation after he had been ordered to do so by a United States District Court acting on an application by the United States Attorney for the District of Columbia under the provisions of the Immunity Act of 1954, 18 U.S.C. s 3486(c), 18 U.S.C.A. s 3486(c). The District Court ordered the petitioner committed to jail until such time as he answered questions and produced evidence before the grand jury, said term of commitment not to exceed six months. The petitioner appealed to the Court of Appeals for the District of Columbia Circuit and was granted a temporary stay of commitment until the Court acted upon the petitioner's motion for a stay pending appeal and the Government's motions to dismiss the appeal and/or to affirm the action of the District Court. On March 6, 1962, the Court of Appeals denied the Government's motions, accelerated the appeal and set the case for argument upon full briefs for the first week in April. However, the Court denied petitioner's motion for a stay of commitment pending disposition of his appeal. The petitioner filed a similar application with me, in my capacity as Circuit Justice, on March 8, 1962, and the Government has filed a memorandum in opposition.

Yesterday, March 12, 1962, in a substantially identical and associated case arising out of the same grand jury investigation, the same Court of Appeals granted an application for a stay of commitment 'until further order of the court.' In re Jackson, No. 16,917. In

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view of these facts and the likelihood that the normal course of appellate review might otherwise cause the case to become moot by the petitioner serving the maximum term of commitment before he could obtain a full review of his claims, I order that the petitioner's stay application be granted pending final action by the Court of Appeals, and that the petitioner be admitted to bail in the amount of $1,500.

Application granted.

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