IN RE GRAND JURY SUBPOENA SERVED UPON DOE

No. 638, Docket 84-6319.

759 F.2d 968 (1985)

In re GRAND JURY SUBPOENA SERVED UPON John DOE, Esq., Petitioner, Richard ROE, Intervenor-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 1, 1985.

Rehearing Granted July 16, 1985.


Attorney(s) appearing for the Case

Mark M. Baker, John H. Jacobs, New York City, for intervenor-appellant.

Michael A. Guadagno, Asst. U.S. Atty., Raymond J. Dearie, U.S. Atty., Edward A. McDonald, U.S. Dept. of Justice, Brooklyn, N.Y., for respondent-appellee.

Before TIMBERS, CARDAMONE and ROSENN, Circuit Judges.


Rehearing En Banc Granted July 16, 1985.

ROSENN, Senior Circuit Judge.

This case presents an important question concerning the right to have counsel of one's choosing. The issue arises in connection with a grand jury subpoena duces tecum served upon an attorney, John Doe, Esquire. Richard Roe (Client), a target of the grand jury's investigation and a longtime client of the attorney, obtained intervenor status and appeals from an order denying a motion...

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