In Re Grand Jury Proceedings. United States of America v. Richard Shocker

Fifth Circuit

In Re Grand Jury Proceedings. United States of America v. Richard Shocker

541 F.2d 464, 1976 U.S. App. LEXIS 6719

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 12, 1976

Docket76-3195

StatusPublished

Cited by5 cases

This text of 541 F.2d 464 (In Re Grand Jury Proceedings. United States of America v. Richard Shocker) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re Grand Jury Proceedings. United States of America v. Richard Shocker, 541 F.2d 464, 1976 U.S. App. LEXIS 6719 (5th Cir. 1976).

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Opinion

PER CURIAM:

Richard Shocker appeals his adjudication of civil contempt for refusing to furnish handwriting exemplars in connection with a grand jury investigation. A careful examination of his several complaints — the major burden of which is that he was justified in refusing to provide the exemplars since they were sought for harassment, could have been obtained elsewhere, etc. — establishes that, with one exception, they are meritless. The order of commitment fails to recite that it is subject to the limitation, among others, of the life of the term of the grand jury, including extensions, before which his refusal to comply with the court order occurred. 28 U.S.C. § 1826 (1970). It should have so recited, for it is so limited. The order is modified to incorporate this additional limitation. Should the term of the subject grand jury already have expired, Shocker shall receive credit on the service of his unrelated criminal sentence, which was interrupted by his contempt incarceration, for any days served by him after the expiration of that term. As modified, the order below is

AFFIRMED.

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PER CURIAM:

Richard Shocker appeals his adjudication of civil contempt for refusing to furnish handwriting exemplars in connection with a grand jury investigation. A careful examination of his several complaints — the major burden of which is that he was justified in refusing to provide the exemplars since they were sought for harassment, could have been obtained elsewhere, etc. — establishes that, with one exception, they are meritless. The order of commitment fails to recite that it is subject to the limitation, among others, of the life of the term of the grand jury, including extensions, before which his refusal to comply with the court order occurred. 28 U.S.C. § 1826 (1970). It should have so recited, for it is so limited. The order is modified to incorporate this additional limitation. Should the term of the subject grand jury already have expired, Shocker shall receive credit on the service of his unrelated criminal sentence, which was interrupted by his contempt incarceration, for any days served by him after the expiration of that term. As modified, the order below is

AFFIRMED.

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541 F.2d 464, 1976 U.S. App. LEXIS 6719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-grand-jury-proceedings-united-states-of-america-v-richard-shocker-ca5-1976.

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