NCJ Number
56447
Journal
Harvard Law Review Volume: 92 Issue: 4 Dated: (FEBRUARY 1979) Pages: 931-942
Date Published
1979
Length
12 pages
Annotation
UNDER TITLE 23, UNITED STATES CODE, SEC. 1292 (B) CERTAIN ISSUES RELATED TO ONGOING GRAND JURY PROCEEDINGS MAY BE APPEALED IN CIVIL CASES. THE TYPES OF ISSUES WHICH OUGHT TO BE APPEALABLE AND CRIMINAL CASE APPEALS ARE DISCUSSED.
Abstract
FEDERAL COURTS HAVE RARELY ALLOWED APPEALS FROM ORDERS ISSUED BY DISTRICT COURTS RELATED TO ONGOING GRAND JURY PROCEEDINGS BECAUSE SUCH APPEALS WOULD OPEN FLOODGATES OF DELAY AND DISRUPTION. HOWEVER, REFUSAL TO HEAR SUCH APPEALS CAN RESULT IN HARDSHIP WHEN LATER REVIEW IS INEFFECTIVE. IT IS ALSO A WASTE OF RESOURCES WHEN A SUBSEQUENT RULING IS OVERTURNED ON AN ISSUE WHICH COULD HAVE BEEN APPEALED AT THE GRAND JURY STAGE. THE DISCRETIONARY PROCESS ALLOWED BY SECTION 1292(B) FOR CIVIL CASES ALLOWS A COMPROMISE, AUTHORIZING THE COURT TO INTERVENE IF SUBSTANTIAL GROUNDS EXIST. A DETAILED ANALYSIS IS THEN GIVEN OF AN APPEAL MADE BY GENERAL MOTORS DURING THE COURSE OF AN INVESTIGATION BY THE INTERNAL REVENUE SERVICE (IRS). THE COMPANY MAINTAINED THAT THE GRAND JURY PROCEEDINGS WERE FAULTY BECAUSE THE IRS ATTORNEY WHO HANDLED INITIAL INVESTIGATIONS AGAINST THE COMPANY WAS ACTING AS A SPECIAL COUNSEL FOR THE PROSECUTION BEFORE THE GRAND JURY. IT WAS ALLEDGED THAT THE IRS WAS USING THE GRAND JURY TO FURTHER ITS CIVIL INVESTIGATION. THE APPEAL WAS DENIED. THE DENIAL IS APPROPRIATE IN THIS CASE. HOWEVER THE RULING REQUIRES VIGILANCE BY SUBSEQUENT COURTS REVIEWING SIMILAR APPEALS TO ENSURE THAT THE DEFENDANTS' RIGHTS ARE PRESERVED. SUCH AN ALTERNATIVE APPEAL PROCEDURE AT THE GRAND JURY STAGE ALSO SHOULD BE INSTITUTED FOR CRIMINAL TRIALS. THE ARTICLE IS EXTENSIVELY FOOTNOTED. (GLR)