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SMITH v. RICHERT

No. 93-3711.

35 F.3d 300 (1994)

William SMITH, Petitioner-Appellant, v. John RICHERT, Judge, Pulaski Circuit Court; Pamela Carter, Attorney General, State of Indiana, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 13, 1994.

Attorney(s) appearing for the Case

Kelly Leeman, Leeman & Perrone, Logansport, IN (argued), for petitioner-appellant.

Wayne E. Uhl, Deputy Atty. Gen., Indianapolis, IN (argued), for respondents-appellees.

Before POSNER, Chief Judge, and COFFEY and RIPPLE, Circuit Judges.

POSNER, Chief Judge.

It used to be thought that if a person was required by the government to yield up an incriminating document, this was the equivalent of his being forced, in violation of the self-incrimination clause of the Fifth Amendment, to testify against himself. Boyd v. United States, 116 U.S. 616, 634-36, 6 S.Ct. 524, 534-35, 29 L.Ed. 746 (1886). It was in this setting that the "required records" doctrine evolved....

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