United States v. Susan I. Craddick, a Witness Before the Grand Jury

Ninth Circuit

United States v. Susan I. Craddick, a Witness Before the Grand Jury

842 F.2d 1157, 1988 U.S. App. LEXIS 3996, 1988 WL 26499

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 31, 1988

Docket88-1740

StatusPublished

Cited by1 cases

This text of 842 F.2d 1157 (United States v. Susan I. Craddick, a Witness Before the Grand Jury) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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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United States v. Susan I. Craddick, a Witness Before the Grand Jury, 842 F.2d 1157, 1988 U.S. App. LEXIS 3996, 1988 WL 26499 (9th Cir. 1988).

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Opinion

ORDER

The motion of the American Civil Liberties Union of Hawaii for leave to appear as amicus curiae is granted.

Appellant has filed an objection to the order setting a briefing schedule; she contends that the appeal must be decided within 30 days from the filing of the notice of appeal pursuant to 28 U.S.C. § 1826. Section 1826(b) defines a recalcitrant witness appeal as an appeal from an order of confinement. Because this is an appeal from an order denying a motion to vacate the contempt order, the appeal is not governed by the recalcitrant witness statute. Any other conclusion would permit repeated appeals under the extreme expedition required by section 1826(b). Congress could not have intended such a result, and the plain words of section 1826(b) militate against it. Nevertheless, the briefing schedule is expedited.

Appellant’s opening brief and excerpts of record are due April 11, 1988; appellee’s brief is due May 2,1988; the optional reply brief is due May 16, 1988. Service of briefs shall be next-day delivery.

The clerk shall attempt to calendar this case in June.

Appellant’s emergency motion for bail pending appeal is denied.

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ORDER

The motion of the American Civil Liberties Union of Hawaii for leave to appear as amicus curiae is granted.

Appellant has filed an objection to the order setting a briefing schedule; she contends that the appeal must be decided within 30 days from the filing of the notice of appeal pursuant to 28 U.S.C. § 1826. Section 1826(b) defines a recalcitrant witness appeal as an appeal from an order of confinement. Because this is an appeal from an order denying a motion to vacate the contempt order, the appeal is not governed by the recalcitrant witness statute. Any other conclusion would permit repeated appeals under the extreme expedition required by section 1826(b). Congress could not have intended such a result, and the plain words of section 1826(b) militate against it. Nevertheless, the briefing schedule is expedited.

Appellant’s opening brief and excerpts of record are due April 11, 1988; appellee’s brief is due May 2,1988; the optional reply brief is due May 16, 1988. Service of briefs shall be next-day delivery.

The clerk shall attempt to calendar this case in June.

Appellant’s emergency motion for bail pending appeal is denied.

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Bluebook (online)

842 F.2d 1157, 1988 U.S. App. LEXIS 3996, 1988 WL 26499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-susan-i-craddick-a-witness-before-the-grand-jury-ca9-1988.

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