Tierney v. United States
Supreme Court of the United States
Tierney v. United States
On Application for Bail
No. A-49. Argued: N/A --- Decided: September 12, 1972[1]
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.
MR. JUSTICE DOUGLAS, Circuit Justice.
Notes
[edit]- ↑ Together with No. A-80, Reilly et al. v. United States, also on application for bail.