In Re Stolar’s Empirical Analysis

Citation profile

4 federal appellate · 8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"There is a basis to conclude, as movant asserts, that Sheperd's telephone number and addresses are needed not for purposes of the grand jury investigation as such but merely so that this data can be turned over to the FBI for whatever purposes that agency chooses to use it. It has been claimed — without contradiction —that the FBI agent in this case informed the attorney that he needed the information in question `as background information' for his `investigative file.' It would appear then, that the grand jury subpoena is being used not in aid of its proper functions but rather as an adjunct or tool of an FBI investigation. In this Court's view, such a procedure is impermissible." Id. at 523 .”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Gruberg · 453 F. Supp. 1225 - In re April 25, 1978 Grand Jury Subpoena Duces Tecum

2. “There is no question but that a grand jury has the right and the duty to search out, examine and weigh whatever evidence there may be in connection with a suspected crime. In order to fulfill its primary function of returning indictments against individuals believed to have committed serious crimes the powers of the grand jury must necessarily be exceedingly broad. Branzburg v. Hayes, 408 U.S. 665, 688 , 92 S.Ct. 2646 , 33 L.Ed.2d 626 (1972). It may properly investigate on the basis of tips, rumors, hearsay, speculation or any other source of information. Costello v. United States, 350 U.S. 359 , 76 S.Ct. 406 , 100 L.Ed. 397 (1956) [rehearing den. 351 U.S. 904 , 76 S.Ct. 692 , 100 L.Ed. 1440 (1956)]. It has been noted that a grand jury's task `is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.' United States v. Stone, 429 F. 2d 138, 140 (2d Cir.1970). Nevertheless, it must be remembered that the grand jury is endowed with these expansive powers so that it may `inquire into the existence of possible criminal conduct and .. . return only well-founded indictments.' Branzburg, supra, 408 U.S. at 688, 92 S.Ct. at 2660 . Indeed, there are matters into which a grand jury may not inquire simply because they fall outside the area of its proper functions. Clearly, for example, a grand jury may not be empanelled nor its process used solely to inquire into a strictly civil matter. See”

   1 later decision quote this exact passage · from the majority
   e.g. 221 N.J. Super. 187 - Matter of Nackson

3. “The general purpose of this privilege is `to promote freedom of consultation of legal advisers by clients.' 8 Wigmore, Evidence, § 2291 (McNaughton rev. 1961). To this end the client must be assured that information conveyed in confidence to the attorney will not be ordinarily disclosed. Arrayed against this consideration is the public interest in obtaining disclosure of every man's evidence. See In re Horowitz, 482 F.2d 72, 81 (2d Cir.), cert. denied, 414 U.S. 867 , 94 S.Ct. 64 , 38 L.Ed.2d 86 (1973) [rehearing den. 414 U.S. 1052 , 94 S.Ct. 556 , 38 L.Ed. 2d 340 (1973)]. When these two principles clash a balance must be struck and an appropriate resolution will not be forthcoming by a wooden application of some general formula. The answer may lie, instead, in an analysis of the particular circumstances giving rise to the problem, ever mindful of the policy considerations which furnish a basis for the two principles. Sheperd was aware that he was being sought for questioning by the FBI — although apparently not in connection with any claimed crime on his part. He was not disposed to reveal his whereabouts to that agency. When Sheperd telephoned Stolar he made known his misgivings and sought counsel with respect to his legal rights. Stolar agreed to provide such legal advice. During the course of that conversation Sheperd gave the attorney his telephone number. As part of the attorney-client discussions which thereafter took place Sheperd also disclosed his home address and th”

   1 later decision quote this exact passage · from the majority
   e.g. 221 N.J. Super. 187 - Matter of Nackson