Russo v. Byrne
(Redirected from 409 U.S. 1219)
Supreme Court of the United States
Russo et al. v. Byrne, U.S. District Judge
On Application for Stay
No. A-150. Argued: N/A --- Decided: July 29, 1972
The District Court in an in camera proceeding ruled that intercepted conversations of applicants' counsel were not relevant to issues in their federal criminal trial, and the Court of Appeals in affirming held that the applicants had no standing to raise the question of relevancy.
Held: The issue of relevancy, the resolution of which determined the issue of standing, required an adversary hearing, and a stay of the criminal trial is appropriate pending the filing of a petition for a writ of certiorari in this Court and the Court's action thereon.
MR. JUSTICE DOUGLAS, Circuit Justice.