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IN RE GRAND JURY SUBPOENA FOR REYES-REQUENA

No. 89-6252.

913 F.2d 1118 (1990)

In re GRAND JURY SUBPOENA FOR ATTORNEY REPRESENTING CRIMINAL DEFENDANT Jose Evaristo REYES-REQUENA.

United States Court of Appeals, Fifth Circuit.

September 19, 1990.

Attorney(s) appearing for the Case

Paula Offenhauser, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Lawrence D. Finder, Asst. U.S. Atty., Houston, Tex., Merv Hamburg, Atty., Dept. of Justice, Appellate Section, Crim.Div., Washington, D.C., for appellee.

Dick DeGeurin, DeGeurin & Nugent, Edward A. Mallett, Houston, Tex., for Mike DeGeurin.

Mike DeGeurin, Foreman, DeGeurin & Nugent, Houston, Tex., for Jose Evaristo Reyes Requena.

Gerald Goldstein, San Antonio, Tex., for amicus curiae, Nat. Ass'n of Crim. Defense Lawyers (NACDL).

Kent A. Schaffer, Houston, Tex., for amicus curiae, Texas Crim. Defense Lawyers Ass'n (TDCLA).

Jack B. Zimmerman, Houston, Tex., Jeffrey R. White, Washington, D.C., Russ M. Herman, New Orleans, La., Mike Starr, Gen. Counsel, Washington, D.C., for amicus curiae, Ass'n of Trial Lawyers of America (ATLA).

Jim E. Lavine, Houston, Tex., for Harris County Criminals Lawyers Ass'n (HCCLA).

Before JONES, DUHE and WIENER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

We confront here the tension between the requirement that every citizen be prepared to offer his testimony to a grand jury and the entitlement of every criminal defendant to the single-minded attention of his attorney. The U.S. Attorney's office subpoenaed Mike DeGeurin, who had appeared as counsel for Jose Evaristo Reyes-Requena, to testify before a grand jury in the short interval between Reyes-Requena's pretrial detention hearing...

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