
04-21-2006, 06:16 AM
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Come and Get Some!
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Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,438
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Useing the 5th to the Max!
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Originally Posted by rentiap
WoW!!
And I thought that it wasn't possible for there to be an honest black queen *Judge* (IE It is my opinion that anyone wearing a black dress to be a queen)My faith is renewed.
At least in this case
Cheers,
Craig.
Seriously.
Thank you Free-martha.
This is great info.
copied and saved in my archive.
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I agree. Thank you free_martha!
Quote:
U.S. Supreme Court
MANESS v. MEYERS, 419 U.S. 449 (1975)
419 U.S. 449
MANESS v. MEYERS, JUDGE.
CERTIORARI TO THE 169TH JUDICIAL DISTRICT COURT OF TEXAS, BELL COUNTY.
No. 73-689.
Argued October 22, 1974.
Decided January 15, 1975.
A lawyer is not subject to the penalty of contempt for advising his client, during the trial of a civil case, to refuse on Fifth Amendment grounds to produce material demanded by a subpoena duces tecum when the lawyer believes in good faith that the material may tend to incriminate his client. To hold otherwise would deny the constitutional privilege against self-incrimination the means of its own implementation, since when a witness is so advised the advice becomes an integral part of the protection accorded the witness by the Fifth Amendment. Pp. 458-470.
(a) That the client in any ensuing criminal action could move to suppress the subpoenaed material after it had been produced does not afford adequate protection, because without something more "he would be compelled to surrender the very protection which the privilege is designed to guarantee," Hoffman v. United States, 341 U.S. 479, 486 . United States v. Blue, 384 U.S. 251 , distinguished. Pp. 461-463.
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http://caselaw.lp.findlaw.com/script...=419+&page=449
__________________
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."
-- Thomas Jefferson
It is dangerous to be right when your government is wrong. -Voltaire
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