Harvey, In re, 81-2187

Citation697 F.2d 112
Decision Date07 October 1982
Docket NumberNo. 81-2187,81-2187
PartiesIn re Special Grand Jury 81-1 (Leon D. HARVEY), Petitioner. Alexandria Bar Association, Amicus Curiae. National Association of Criminal Defense Lawyers, Inc., Amicus Curiae. American Civil Liberties Union of Virginia, Amicus Curiae. Legal Committee for the National Organization for Reform of Marijuana Laws, Amicus Curiae.
CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)

William B. Moffitt, Alexandria, Va. (Nina J. Ginsberg, Mark & Moffitt, P.C., Alexandria, Va., on brief), for appellant.

William G. Otis, Sp. Asst. U.S. Atty., Alexandria, Va. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., on brief), for appellee.

James C. Clark, Land & Clark, Alexandria, Va., on brief, for the Alexandria Bar Ass'n as amicus curiae.

James W. Lawson, Oteri & Weinberg, Boston, Mass., Gerald H. Goldstein, Goldstein & Goldstein, San Antonio, Tex., James K. Jenkins, Stroup, Jenkins & Goldstein, Atlanta, Ga., on brief, for the Nat. Ass'n of Crim. Defense Lawyers as amicus curiae.

Victor M. Glasberg, Alexandria, Va., for American Civil Liberties Union of Virginia as amicus curiae.

Al Horn, Atlanta, Ga., Kevin Zeese, Washington, D.C., on brief, for the Legal Committee of the Nat. Organization for the Reform of Marijuana Laws as amicus curiae.

Before WINTER, BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges.

ORDER

The court being advised that the target of the investigation, Leon D. Harvey, conducted by the above-entitled grand jury, has been indicted and is a fugitive from justice, it is ORDERED:

1. The above-entitled appeal be and it is hereby dismissed with leave to said target, for good cause shown, to move to reinstate such appeal if he surrenders himself to federal custody before the expiration of thirty days from the date of this order.

2. The panel opinions heretofore filed be and they are hereby withdrawn, 676 F.2d 1005.

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33 cases
  • Grand Jury Subpoena Served Upon Doe, In re
    • United States
    • U.S. Court of Appeals — Second Circuit
    • December 13, 1984
    ...(Harvey), 676 F.2d 1005, 1009 & n.4 (4th Cir.), vacated and withdrawn when grand jury indicted target and he became fugitive, 697 F.2d 112 (4th Cir.1982) (in banc), and counsel's own ability to prepare for trial, since the subpoena will divert counsel's attention and energy at a time when h......
  • Whitehouse v. U.S. Dist. Court for Dist. of Rhode Island
    • United States
    • U.S. Court of Appeals — First Circuit
    • December 8, 1994
    ...Cir.1982) (issuance of subpoena may cause client to distrust attorney and terminate relationship), rev'd on other grounds, 697 F.2d 112 (4th Cir.1982) (en banc). I. The District Court's Rule-Making Authority The authority of the United States District Courts to adopt or promulgate rules ema......
  • U.S. v. Ricks
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • October 10, 1985
    ...is therefore properly admissible. See In re Special Grand Jury, 676 F.2d 1005, 1009 (4 Cir.), vacated on other grounds, 697 F.2d 112 (4 Cir.1982) (in banc). It is true that In re Special Grand Jury, 676 F.2d at 1009, relying upon United States v. Hodge & Zweig, 548 F.2d 1347, 1353 (9 Cir.19......
  • Grand Jury Subpoena Served Upon Doe, In re
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 16, 1985
    ...(Leon Harvey), 676 F.2d 1005, 1009 (4th Cir.), vacated and withdrawn when grand jury indicted target and he became fugitive, 697 F.2d 112 (4th Cir.1982) (en banc) (footnote omitted). The Government concedes that enforcement of the subpoena may well lead to the attorney being disqualified fr......
  • Request a trial to view additional results
2 books & journal articles
  • Congressional investigations: politics and process.
    • United States
    • American Criminal Law Review Vol. 44 No. 3, June 2007
    • June 22, 2007
    ...688 (1972); In re Special Grand Jury No. 81-1, 676 F.2d 1005, 1008-09 (4th Cir. 1982), vacated on other grounds sub nom. by In re Harvey, 697 F.2d 112 (4th Cir. 1982); In re Sealed Case, 676 F.2d 793, 806 (D.C. Cir. 1982); In re Special September 1978 Grand Jury (II), 640 F.2d 49, 61 (7th C......
  • Fighting for Fees-Drug Trafficking and the Forfeiture of Attorney's Fees
    • United States
    • Journal of Drug Issues No. 18-3, July 1988
    • July 1, 1988
    ...In re Schofield, 721 F 2d 1221,1983; 11th, In re Freeman, 708 F2d 1571,1983) or ruled similarlybutwithdrewtheruling(4th, In re Harvey, 697 F2d 112,1982).Arecent report by a committee oftheNew York CityBarAssociation indicatesthatone aspect ofthecurrent problem lies withthedifferent levels o......

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