If, upon reconsideration in light of our analysis, the trial judge determines to abide by his unsealing order in whole or in part, the reasons relied upon should be identified in a supplemental rationale with specific reference to the particular documents or group of documents to which each reason is applicable. denied, 423 U.S. 937, 96 S.Ct. Indeed, certain of the documents belong to others and were obtained through illegal means. . One objective of a public trial of universal benefit to the public and defendants is that it prevents justice from being administered covertly or based on "secret bias or partiality." Nevertheless, because of the writ's extraordinary nature, this court's earlier denial, without statement of reasons, of the Church's petition for mandamus, In re Church of Scientology of Cal., No. at 2, which could not be employed to countermand an order of a court of coordinate jurisdiction. Id. Search the most recent archived version of state.gov. END OF DOCUMENT. Id. See Gelbard v. United States, 408 U.S. 41, 51-52, 92 S.Ct. When an appellate court tells the trial court to hold a new trial, there may be other instructions, as well. at 36-44, Hubbard App. 209 at 233 (D.D.C.1979), Hubbard App. 1306, 55 L.Ed.2d 570 had already been publicly played to the limited number of spectators who were able to find space in Judge Sirica's "cramped courtroom." 2197, 2213, 45 L.Ed.2d 343 (1975) (association may assert rights of others when seeking declaratory or injunctive relief); Comm. [FN79] But as the Supreme Court noted in Nixon v. Warner Communications, Inc.,[FN80] the tradition of access is not without its time-honored exceptions: FN78. [FN25] Lawful seizure of the property, of itself, may affect the timing of the return,[FN26] but never the owner's right to eventual return. 79-2312 is hereinafter referred to as Hubbard App. 11. Emerson, The Right of Privacy and Freedom of the Press, 14 Harv.C.R.- C.L.L.Rev. 1491, 55 L.Ed.2d 519 (1978). There are allegations that many of the documents were stolen from government agencies and private organizations. We find as a matter of law that the "surrender" and "transfer" stipulations governed only the terms of custody of the returned documents and that the stipulations did not, by themselves, oblige the District of Columbia district court to retain the non-returned documents under seal. In fact, it could have been stated more forcibly as a "public right in access to Court records." 78-401 (D.D.C. See also Hoffman v. Blaski, 363 U.S. 335, 340 n.9, 80 S.Ct. On this record, of course, we cannot determine whether these reasons were relied upon; our discussion of them represents merely the observations of an appellate court, and no inference should be drawn from our discussion that would conclude our review of the reasons actually given by the trial judge when the matter is again before us. [FN114] As to potential defendants not involved in the proceeding, or even as to evidence of other crimes of the same defendants, premature publication can taint future prosecutions to the detriment of both the government and the defense. It is based on the assumption that if the cause is a generally accepted truth, then a particular effect must follow. . See also Richmond Newspapers, Inc. v. Va., 448 U.S. at 600 n.5, 100 S.Ct. For two reasons a full-scale evidentiary hearing might not in fact be permitted under a proceeding within the criminal trial court's ancillary jurisdiction. CV-77- 2565-MML, slip op. 1978) (Privacy Act claim not mooted by public disclosure of materials and widespread comment by press). [FN67] Furthermore, because we *312 **418 think the Church was in fact heard on the merits in its efforts to retain the seized documents under seal,[FN68] and because the district court's rationale for denying relief, insofar as it can be ascertained on this record, turned at least in part on the merits of the interests asserted,[FN69] we treat the orders appealed by the Church as having reached the merits and will consider the remainder of the issues raised by those appeals accordingly. Definitely recommend! 626 (1943). The requirement for public disclosure of the evidentiary record in a court proceeding which results in a judicial ruling naturally flows from the constitutional requirement that the trial be public. Accordingly, the Church's "standing" to assert the kinds of generalized interests which derived from the fact of seizure from its premises-interests which we have discussed above in connection with the Church's procedural rights [FN103]-is unquestionably strong. The kinds of property and privacy interests asserted by the Church to require retention of the documents under seal can be waived by failure to assert them in timely fashion,[FN100] and the strength with which a party asserts its interests is a significant indication of the importance of those rights to that party. The documents thus are at the core of the court's decision denying the suppression motion and it is customary and ordinary in such cases for the record to disclose the evidentiary basis for the ruling. explains how the trial court judge made an error, supports these arguments with case law, and. "(W)hile the Church of Scientology has sought to have this Court order that all documents in the Clerk's custody be re-sealed, on the ground that public accessibility to these documents constitutes an invasion of Church members' privacy, the Church itself has selectively chosen to publish certain of those documents for the apparent purpose of demonstrating to that same public that the Church and its members have been victims of governmental harrassment." They are appealed from district courts to one of the federal courts of appeals. at 149 (government represented that returned documents "were deemed unnecessary"). Doc. I dissent from that disposition because there is an ample factual and legal basis for the order of the district court making such evidentiary documents available as court records in the case. Levesque v. Nixon v. Warner Communications, Inc., 435 U.S. at 597, 98 S.Ct. See also Martindell v. Int'l Tel. Loan Corp., 337 U.S. at 546, 69 S.Ct. I am just suggesting that I think I understand the law about search and seizure pretty well, not that I cannot be educated further. The Court of Appeals, Wald, Circuit Judge, held that: (1) church had sufficient interest in papers seized during two searches of church buildings to be entitled to seek, by motion, return of such property and to apply for injunctive relief restraining public access to such documents; however, it was not appropriate for the church to seek from Court of Appeals writ of mandamus directing district court to refrain from unsealing such documents for public inspection; (2) district court had ancillary jurisdiction over claims of the church, as well as most claims made by individual defendants concerning the documents; and (3) seal of documents, which were introduced under seal only in pretrial suppression hearing and only for purpose of showing that search and seizure were unlawful and which were not used in ruling on the suppression motion, should not have been lifted. (JA 171), the settled rule that, in reviewing the decision of a lower court, it must be affirmed if the result is correct "although the lower court relied upon a wrong ground or gave a wrong reason." JA 228. By memorandum opinion and order issued June 12, 1980, the complaint in that case was dismissed for lack of jurisdiction, id. This written brief. Every crime in California is defined by a specific code section. See note 63, infra. FN57. FN82. Actually both the Church's officers and the Church have the same intent concealment of the same improper activity. Church of Scientology of Cal. For example, the common-law right of inspection has bowed before the power of a court to insure that its records are not "used to gratify private spite or promote public scandal" through the publication of "the painful and sometimes disgusting details of a divorce case." 4. If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must promptly notify the party by mail that the brief must be filed within 15 days after the notice is mailed and that if the party fails to comply, the court may impose one of the following sanctions: 1163, 1169-70, 2 L.Ed.2d 1488 (1958) (association may assert members' right of associational freedom). This is where each side has a limited amount of time to make the legal arguments that support their case. FN20. Gregory Willardson: Conspiracy Count 23 That the fourth amendment which is now recognized to protect legitimate expectations of privacy [FN34] can be invoked by corporations to suppress the fruits of a search of corporate premises [FN35] demonstrates an understanding that a compulsory search of even corporate premises may constitute an intrusion upon privacy. 330 **436 "It is uncontested, however, that the right to inspect and copy judicial records is not absolute. [FN72] None of these claims is inextricably bound up in an assessment of the validity of the judgment of conviction. denied, 375 U.S. 894, 84 S.Ct. The Process Although some cases are decided based on written briefs alone, many cases are selected for an "oral argument" before the court. 18, 1979 quoted supra, note 9. 399, 6 Media L. Rep. 1909. However, as noted earlier, he has also suggested a broader scope of protectible privacy against governmental activity. We disagree. In light of this new determination, this court now enters a final judgment, in accordance with the rationale stated in our earlier opinion, reversing the original unsealing order from which the appeals were taken, and remanding the case to the district court for reentry of an order similar to the order of November 5 maintaining the documents under seal. Id. 262, 54 L.Ed.2d 174 (1977) (permitting defendants in terminated criminal proceeding to intervene in motion brought by state for disclosure to it of grand jury transcripts). 79-2324 which may be read to deny on the merits immediate return of the seized documents. 143, 97 L.Ed. This would include sexual relations, the performance of bodily functions, family relations, and the like. United States R. App. United States v. Hubbard, Cr. own behalf first amendment associational rights of members and lawyers); NAACP v. Ala. ex rel. We recognize that there are grave dangers inherent in executing a warrant authorizing a search and seizure of a person's papers that are not necessarily present in executing a warrant to search for physical objects whose relevance is more easily ascertainable. The Church and the individual defendants here argue that because the Ninth Circuit's orders placed restrictions on the documents' use "pending This appeal will again be before this panel after the learned trial judge has, in accordance with the court's opinion, explicated any additional reasons he may have had for removing the seal, and performed whatever further documentary review is required. FN109. . Id. See generally Rendleman, Free Press-Fair Trial: Review of Silence Orders, 52 N.C.L.Rev. FN2. The press' appeal from this order was dismissed because filed by a non-party. In the remainder of this opinion these aspects of the competing interests involved in this case are referred to as the "generalized interests" at stake. 2022, 2042-43, 29 L.Ed.2d 564 (1971). See Go-Bart Importing Co. v. United States, 282 U.S. at 356, 51 S.Ct. 401 (1950) whose rationale (see note 48, infra ) has not been as well remembered as its language. The public has in the past been excluded, temporarily or permanently, from court proceedings or the records of court proceedings to protect private as well as public interests: to protect trade secrets,[FN81] or the privacy and reputation of victims of crimes,[FN82] as well as to guard *316 **422 against risks to national security interests,[FN83] and to minimize the danger of an unfair trial by adverse publicity. 79-2312 at 19-20. MR. BANOUN: A complete copy. at 1 (C.D.Cal. at 2749 quoted in part, supra, text following note 37. Church's Motion to Intervene, Church App.Doc. The Supreme Court has recently affirmed the public nature of criminal trials. denied, 419 U.S. 1096, 95 S.Ct. Jurisdiction to return is not dependent upon whether the matter falls within the compass of Fed.R.Crim.P. We do not suggest that the government may, by selective prosecution or otherwise, prolong in bad faith its retention of seized material, but this case does not hint of such purpose. (JA 223, 224) (emphasis in original) That same order makes an explicit reference to the need to review the entirety of the material relating to "sex lives of members of the Church, tax returns of individuals, and at 2448-49 (appeal was available for denial of defendant's motion to dismiss indictment on speech or debate clause grounds); Stack v. Boyle, 342 U.S. 1, 6, 72 S.Ct. 78-401 (D.D.C. A claim by the owner for the return of his property cannot be successfully resisted by asserting that the property is subject to forfeiture. Cf. At the outset it is essential to consider the posture of the case when the judge removed the seal from the documents. The motion was denied and the judge took the occasion to order the unsealing of the documents at issue here. . In addition, there is a public interest in access to Court records. 2119, 2123, 48 L.Ed.2d 725 (1976); Bankers Life & Cas. FN70. See id. Any assessment of the correctness of the trial court's action must acknowledge the fact that a number of the documents quite simply do not belong to the Church of Scientology of California in the first place. at 10, Hubbard App. The offense alleged in the first count to which Hermann plead guilty was an unlawful conspiracy "to commit offenses against the United States of America, that is, by various illegal and unlawful means, to locate and obtain illegally information and documents in the possession of the United States of America which were related to Scientology and to individuals, organizations and agencies perceived to be enemies of Scientology." 729, 62 L.Ed.2d 729 (1980) the court noted that "A similar warrant was obtained for a search of part of a building owned by the Founding Church of Scientology in Washington, D. C. The affidavits in support of the warrants were substantially identical, and so were the warrants, except for descriptions of the premises to be searched." 170, 172 (S.D.N.Y.1970). 153, 157, 75 L.Ed. Our original remand, designed to clarify the reasons for release, did not require the district court to state particularized justifications for the release of individual documents or categories of documents; our remand required instead that if such justifications in fact contributed to the decision to unseal, then the reasons be stated and the documents to which they are applicable be identified. Court, 430 U.S. 308, 310- 11, 97 S.Ct. 79-2313 and 79-2324,[FN2] and to remand to the trial court for supplemental proceedings and transmission to this court of a more particularized rationale, under guidelines discussed below. One who appeals is called the "appellant;" the other party is the "appellee." The Church contends that the documents had been introduced under seal "for the purpose of showing that the search and seizure was unlawful." The means by which third parties have sought to assert their interests in criminal cases have been manifold. See also Nader v. Gen. Motors Corp., 25 N.Y.2d 560, 307 N.Y.S.2d 647, 255 N.E.2d 765 (1970) (applying District of Columbia law). . Use our site search. In addition, the content of those at issue was not described either generally or specifically in the trial judge's decision on the motion to suppress, nor so far as we can tell were they described in any papers filed in the district court proceedings. The Church's motion to intervene was denied without a statement (citations omitted); Mitchell, 551 F.2d at 1258: This common law right is not some arcane relic of ancient English law. Minimizing the initial intrusiveness of necessary governmental activity is one means of serving fundamental privacy interests, but controlling broadside disclosure of materials or information obtained by intrusive means is another. ", The facts are fully set forth in the court's opinion and, except for several which bear emphasis, will not be repeated here. Co. v. Scanlon, 362 U.S. 404, 406-07, 80 S.Ct. I am at 847 ("It is true that courts have sometimes passed on ownership of property in their custody without a plenary proceeding, where, for illustration, such a proceeding was ancillary to a pending action or where property was held in the custody of court officers, subject to court orders and court discipline. Another circumstance where access might be thought warranted is where the remedies of grievously injured and unknowing victims would be jeopardized if the documents never entered the public domain. 1040, 18 L.Ed.2d 113 (1967) ( "frequent and accepted practice" to close courtroom to spectators during testimony of rape victim); Sawyer v. Duffy, 60 F.Supp. The defendants' motion for reconsideration was denied in a second order entered October 30, 1979, also appealed here. In answer to the plaintiffs' argument that they were left without a remedy, the court suggested that mandamus relief in the court of appeals might be available, slip op. Thus, most of the defendants were principal officers of the Church and it was their activities as official "Guardians of the Church that generated most of the documents in question. Copyright 2022 Shouse Law Group, A.P.C. This rationale was to be supplied to the parties, including the Church, to enable them to file a motion for reconsideration in which they might contest its findings or offer evidence of particularized privacy interests in the involved documents. Seeking to suppress the seized documents as the fruits of an illegally executed "general" search, the nine defendants present before the court [FN7] urged Judge Richey, to whom the criminal case was assigned, to examine a complete set of the documents seized. There is the additional issue of the Church's right to intervene in a pending criminal proceeding. Leonard B. Boudin, New York City, for appellant Church of Scientology of California. Further disclosure is prohibited pending review by this court after remand. (See note 17, infra.) An issue is made by the government of the admission in evidence at the suppression hearing of "an inventory breakdown" and a "computer printout" which were prepared in conjunction with a study conducted on defendants' behalf of the seized materials. First, this court has concluded that a criminal trial court's ancillary jurisdiction is limited to circumstances where the claim is determinable without a substantial new fact-finding. FN32. See also id. Individual defendants, including the wife of the head of the world wide Church, held official positions in the Guardian Office, United States, of the Church of Scientology as listed below in the column entitled "Positions". We consequently decide the original appeal from the unsealing order on the basis of the original record as supplemented by the memoranda and order issued by the two district judges. No motions for reconsideration nor appeals have been filed subsequent to the November 5th order of the district court. C.A.D.C., 1980. 20, 1979 at 6015, 6018 (government apparently asserting that all documents were kept by clerk in separate safe under seal). at 3- 4, and noted that the propriety of intervention in a criminal case was still under consideration by this court in this case. We have described in text and notes above the tortuous proceedings by which the seized documents were made a part of the record in the criminal proceedings and came to reside in the custody of the district court here. at 2839 (Brennan, J. concurring), citing United States v. Nixon, 418 U.S. at 714-16, 94 S.Ct. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. FN83. In fact what was transferred from the district court comprised not only the returned documents but all documents seized. The documents made a part of the stipulated record for trial and the documents used in the examination of witnesses at the suppression hearing are not among those at issue on this appeal. [FN77] We are thus satisfied that these issues are properly before us and turn to consideration of the merits of the district court's decision to unseal the documents at issue. This blog post was written by Bryan L. Ciyou, Ciyou & Dixon, P.C. [FN13] It is in fact unclear whether and to what extent the trial judge examined the documents before he denied defendants' suppression motion.[FN14]. In searches for papers, it is certain that some innocuous documents will be examined, at least cursorily, in order to determine whether they are, in fact, among those papers authorized to be seized. Like the First Amendment, then, the right of inspection serves to produce "an informed and enlightened public opinion." The court finds that the relief sought here is no more than that relief which was denied by the court of appeals yesterday afternoon. at 592-598, 100 S.Ct. Cross-reply briefs shall not exceed 15 pages. (footnotes omitted) (emphasis added). See Katz v. United States, 389 U.S. 347, 353, 88 S.Ct. at 1311 (hereinafter cited as Nixon ): It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents. But appellate judges don't like this, preferring "a reply brief that does not attempt to traverse terrain 2898, 61 L.Ed.2d 608 (1979). (June 12, 1980), the court reasoning that the relief sought was in essence a writ of mandamus, id., slip op. Id. But cf. Bankers Ass'n v. Schultz, 416 U.S. 21, 65-67, 94 S.Ct. See, e. g., United States v. Nixon, 418 U.S. 683, 692, 94 S.Ct. 62 ALR 2d 509, 510-29 (1958). But see Zurcher v. Stanford Daily, 436 U.S. 547, 562 n.9, 98 S.Ct. One rationale offered contemporaneously by the district judge for his repeated caveat that he retained discretion to unseal the documents was as follows: (T)he Court is going to seal these documents now, with the caveat that they can be opened at the discretion of the Court. 783, 236 N.W.2d 794 (1975), rev'd, Neb. FN14. 1977) strikingly illustrate the procedural confusion that erupts when third parties claim some interest in the conduct of criminal proceedings. 1979), cert. The privacy interests asserted, though perhaps not presumptively protectible, are equally strong on this record. 817 (1951) (concurring opinion). Mass. . at 139-44. v. Southern Ry., 261 F.2d 394, 402 (7th Cir. Lloyd v. Vincent, 520 F.2d 1272, 1275 (2d Cir. We contemplate that on remand the district court will review its decision to unseal the documents. As part of the negotiations the government agreed not to disseminate publicly any documents seized which were not part of the stipulated record. Tr. Transcript of Proceedings, Church of Scientology v. United States, Civ. The motion for return of property was dismissed as against the Clerk of the United States District Court for the District of Columbia on the ground that Rules 3 and 8(a) (Fed.R.Civ.P.) denied, 429 U.S. 919, 97 S.Ct. A different situation would exist if the seized documents had not *327 **433 been introduced into evidence, but they had-all of them. The district court may then grant or deny the motions in whole or in part. This will either. It appears that actual release of the documents was withheld until the order denying defendants' motion for reconsideration was entered (October 30). Supplemental Memorandum for Appellee in Nos. Their only use by the parties and the only purpose for which they were admitted in the criminal proceedings was to assist the court in its determination of whether the search and seizure were unlawfully overbroad. That rule provides that: A person aggrieved by an unlawful search and seizure may move the district court for the district in which the property was seized for the return of the property on the ground that he is entitled to lawful possession of the property which was illegally seized. FN97. See note 21, supra. 79-2313 & 79-2324 at 10-11. in Andresen "). 79-2312 & 79-2313 at 1 (filed Nov. 2, 1979) (judge's order unseals "roughly 50,000 pages"); Church's Petition for Writ of Mandamus, In re Church of Scientology of Cal., No. However, if you do not file a brief, you will have no other opportunity to tell the appellate court why the circuit courts decision was right. WHEREAS, Article 2 of the Civil Code partly provides that "laws shall take effect after fi fteen days following the completion of their publication in the Offi cial Gazette, unless it is otherwise provided x x x''; But public access is more bothersome. Here there is serious threat of irreparable harm to the property and the privacy interests advanced. attorney-client material of law firms." This Q&A forum is no substitute for a personalized, private conversation concerning your situation. at 211-13, and again in its motion to intervene, supra, note 19 (which was filed while Judge Richey informally stayed his unsealing order), and finally in its motion for return of property, supra, note 20, and in oral argument on that motion. Judge Richey decided, inter alia, that overbreadth of the search would not by itself taint the entire seizure, United States v. Hubbard, 493 F.Supp. 105). Doc. Liberty under law extends to the full range of conduct which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective. Appeals from the United States District Court for the District of Columbia (D.C. Criminal No. [1] Prior decisions of this court have made clear that the party from whom materials are seized in the course of a criminal investigation retains a protectible property interest in the seized materials. Gerald Bennett Wolfe: Conspiracy-Count 23 Concerning privacy tort actions against the press, Professor Emerson has suggested that. In my view such action is incorrect because it interferes with a pending criminal case, and because the Church's claim regarding the documents can be made in other proceedings. 1084, 1088, 4 L.Ed.2d 1254 (1960). Orders entered in that proceeding were appealed to this court where the appeal was entertained on the merits. Helvering v. Gowran, 302 U.S. 238, 245, 58 S.Ct. Your failure to do so does not mean that you will lose the appeal. And because the trial court correctly denied the Church of Scientology of California leave to intervene in a pending criminal proceeding to assert collateral issues I dissent from the court's disposition of the remand issue. FN49. FN108. Nos. Nixon v. Warner Communications, Inc., 435 U.S. 589, 597-98, 98 S.Ct. This may lead to a retrial if the lower court thinks that it is necessary. Bankers Ass'n v. Schultz, 416 U.S. at 55, 94 S.Ct. While the appeal may have undermined the prosecutors case or led to the exclusion of evidence, this does not always mean that there is insufficient evidence left to secure a conviction. 1979), cert. v. United States, No. [FN23] This understanding has framed our consideration of both the procedural and the substantive questions raised in these appeals and has contributed substantially to the conclusions we have reached. [6] The individual defendants, though on different grounds, also protested public access to the seized documents and, with one minor exception, their claims, like the Church's, fell within the trial court's ancillary jurisdiction in criminal cases, as we interpret that concept. 2898, 61 L.Ed.2d 608 (1979). See In re 1975-2 Grand Jury Investigation, supra. Sometimes, though rarely, it will overrule the judgment and dismiss the case. Whether the documents were or were not technically "received" in evidence is quite beside the point. In his order of October 30, denying reconsideration of the earlier unsealing order, Judge Richey explained: 1213 (1940) ("Even the exercise of religion may be at some slight inconvenience in order that the state may protect its citizens from injury.") See generally Covell v. Heyman, 111 ), cert. The trial judge relied heavily upon Andresen in his decision on defendants' motion to suppress. FN17. The court will explain the rationale for either decision. 650 F.2d 293, 208 U.S.App.D.C. CV-77- 2565-MML slip op. It is the trial court and not this court that should engage in the initial consideration of the interests at stake, especially where, as here, the matter is urgent and largely dependent on an extensive record with which the trial judge is intimately familiar. MacKinnon, Circuit Judge, dissented and filed opinion. . denied, 434 U.S. 1076, 98 S.Ct. Some two weeks after the surrender stipulation was entered, but months before the transfer stipulation, the California district court disposed of some remaining issues in the Rule 41(e) proceeding and removed the restrictions previously placed on the government's use of seized materials. at 104. [FN11] We think this conclusion is consistent **406 *300 with the contemporaneous understanding of the parties and the district court. So what happens now? Oct. 26, 1979 at 43-45, Hubbard App. Even treating the papers on appeal as a petition for writ of mandamus, the court concluded that relief was inappropriate under the accepted standards for issuance of the extraordinary writ, stating that it did not through this treatment reach the merits of the restrictive order. 234, 237-39, 13 L.Ed.2d 152 (1964) and LaBuy v. Howes Leather Co., 352 U.S. 249, 257-60, 77 S.Ct. The record of the supplemental proceedings should then be transmitted to this court where our consideration of the orders will continue.[FN121]. Leonard S. Rubenstein and Geraldine R. Gennet, Alexandria, Va., entered appearances, for appellants Heldt and Snider. FN2. *306 **412 [FN46] Whether and to what extent the privacy interests protected by state law may be asserted by corporate bodies is still unsettled. In Andresen v. Maryland,[FN37] the Court stated: FN34. 145, 148, 98 L.Ed. However, if the trial was a bench trial where the trial judge hears the evidence and issues a verdict, rather than a jury then any sentence issued after a guilty verdict in the second trial should not be higher than it was in the first, unless there is new evidence to support it. a spirit of freedom for religious organizations, an independence from secular control or manipulation"); construing Watson v. Jones, 80 U.S. (13 Wall.) While the appeal is pending, the defendant may have a right to be released on bail.5, After considering the case, the Appellate Division of the Superior Court or the California Court of Appeal will issue a written decision. I also find the record sufficiently detailed to support the action taken by the district court, making this remand unnecessary. FN28. Information (the): In a criminal case, the formal court document in the clerk's file, which contains the charges, dates of offenses, bond status, continuance dates and disposition. Decided July 24, 1980. The record does not support such criticism. Doc. The special difficulties of document searches in this connection have been noted. We cannot determine from the trial judge's orders what factors entered into his initial decision to unseal or even if he found a weighing of these generalized interests appropriate. at 565. See Will v. United States, 389 U.S. 90, 99-107, 88 S.Ct. at 629. Id. at 1, entered an order requiring the return to the Church of the materials seized in California, id. at 1225. Andresen v. Maryland, 427 U.S. 463, 482 n.11, 96 S.Ct. Moreover, never has this Court been faced with such overwhelming evidence of guilt." Appellee's brief is due 30 days after appellant's brief is served. 1029, 43 L.Ed.2d 328 (1975) (press may not be made liable for publishing name of rape victim whose name was already publicly available). at 222. respond only to the points made in the appellee's response brief. In those papers the Church relied not only on the property interests which it retained in the seized documents but on the violation of its right of privacy which release of the seized documents would effect. (Tr.) There is no disagreement on the court that the legal effect of requesting the trial court to examine the entirety of the seized materials was that they became part of the "record" of the case. The individual defendants were not acting for themselves. See N. H. Fire Ins. s 1291 (1976) nor appealable though interlocutory under 28 U.S.C. By definition, the issues in a criminal proceeding are concerned with the guilt or innocence of the defendants. If an appellant fails to file a brief within the time provided by this rule, or within the time as extended, an appellee may move for dismissal of the appeal. Id. . Attach another file if needed. v. Because the appeal is resolveable as it is presented to us, I respectfully dissent from the remand ordered by the court. 1979). & C. 70, 109 Eng.Rep. Upon ruling that the media lacked standing to make a motion in the criminal case, Judge Sirica directed that the motion be treated as a miscellaneous civil proceeding. at 2821 (Stewart, J. concurring). United States v. Hubbard, Crim. [8] Given all the factors discussed above we conclude that on the present state of the record the seal on the documents at issue here should not have been lifted, and should continue unless on remand some substantial factors are identified which weigh in favor of public access to particular documents. THE COURT: Well, I treat you as such, like I treat Mr. Hirschkop as chief counsel for the defense. . Moreover, a corporation is responsible for the acts of its officers and agents committed within the scope of their authority. [FN20] The individual defendants moved the court for reconsideration. . Owing to the litigiousness of the parties the full procedural background of these appeals is quite complex, but the essential facts are simply stated. at 37, 57. No. 2140, 2149-50, 40 L.Ed.2d 732 (1974). denied, 435 U.S. 971, 98 S.Ct. THE COURT: And that is the only place where you have, anybody has-. Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 100 S.Ct. "Further Ordered, that the seal shall remain on documents not used by the parties for examination of witnesses at the suppression hearing until the Court examines each in light of issues raised by the defendants, and, the Court will begin such process today." at 2821 (Stewart, J. concurring). Had the motion to suppress been granted there is no question that the evidentiary record would have been available to the public, and it is just as available when the motion is denied. 679, 20 L.Ed. The "computer printout," comprising nine volumes, was apparently the basis for the "inventory breakdown." See United States v. MacDonald, 435 U.S. 850, 853-61, 98 S.Ct. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. (1) The central issue in the suppression proceedings, and (2) the factual basis for the acceptance of the plea bargain agreement, would be obscured from the public and the press. See Porten v. Univ. The conspiracy alleged in count 23 to which six (6) other officials of the Church of Scientology plead guilty had as its alleged objectives: The trial judge made explicit reference to his reasoning at the time he ordered the unsealing. FN110. FN107. In the criminal proceedings involving individuals who are employees or officials of the Church of Scientology, the trial court adopted a disposition of the charges that conformed to the negotiated plea agreement. Gannett Co. v. DePasquale, 443 U.S. 368, 99 S.Ct. On November 5, the district judge assigned to the case after the first judge's recusal filed an order stating that because he had no "knowledge regarding the trial judge's determination that disclosure of the documents under seal was warranted, (he) is in no position to 'supplement' his rationale (.)" 9. at 148 ("Re: Herb"). 626 (1974). These two concepts are related only in the result they effectuate; their motivations are decidedly different. [FN27]. That should not be confused with a power to dictate the actions of the court. FN4. Sampson v. Murray, 415 U.S. 61, 86-88, 94 S.Ct. of San Francisco, 64 Cal.App.3d 825, 829-30, 134 Cal.Rptr. The parties have, More than two years after the seizures a District of Columbia grand jury returned indictments against eleven officials or employees of the Church. [FN91] It does not involve access to documents which have been introduced as evidence of guilt or innocence in a trial,[FN92] nor even documents whose contents have been discussed or insofar as we can determine relied upon by the trial judge in his decision on the defendants' motion to suppress. Id. So the court granted your appeal in a criminal case! at 11 (suggesting that 50,000 pages were unsealed by order here appealed); Appellants' Emergency Application for En Banc Rehearing in Nos. 79-2975 (D.D.C. See Time, Inc. v. Hill, 385 U.S. 374, 383 n.7, 87 S.Ct. Church and individual defendants appealed from orders entered by the United States District Court for the District of Columbia, Charles R. Richey, J., making publicly available all documents seized during searches of churches, denying motion by the church to intervene, and denying motion seeking immediate return of the seized documents and also seeking injunctive relief. [7] The "ancillary" nature of the interests asserted by both the Church and the individual defendants and the practical finality of the contested orders determines the question of their appealability. Every court has supervisory power over its own records and files, and access has been denied where court files might have become a vehicle for improper purposes. [FN49] Moreover at least certain types of organizations corporate or non-corporate should be able to assert in good faith the privacy interests of their members. at 1312: The interest necessary to support the issuance of a writ compelling access has been found, for example, in the citizen's desire to keep a watchful eye on the workings of public agencies, and in a newspaper publisher's Before us now are the consolidated appeals from the orders entered in the district *302 **408 court. And there is nothing to the point, that since the court ruled the search was lawful, and the documents had been offered by the defendants to prove the search was unlawful, that the documents upon which the court ruled may not be disclosed. Nevertheless, to state that materials are part of the record of the case does not answer the question whether they are or should be public. . The appellant may serve and file a reply brief within 21 days after service of the appellee's brief but a reply brief must be filed at least 7 days before argument, unless the filed Oct. 29, 1979) (submitted by defendants Heldt and Snider); Motion for Reconsideration of Part of the Court's Order of October 25, 1979, United States v. Hubbard, Cr.No. 1974) (access to criminal contempt trial may be restricted, over corporate defendant's objections, during portion of trial when another's trade secrets are disclosed); Note, All Courts Shall Be Open: The Public's Right to View Judicial Proceedings and Records, 52 Temp.L.Q. See note 102, supra. Appellees respectfully request that the Court amend its October 11 Order to provide for a joint brief of the United States and the State Appellees, not to exceed 150 pages. The parties inform us that only 74 of the documents were used in the examination of witnesses at the suppression hearings. We vacate the orders denying intervention and temporary injunctive relief, appealed in Nos. 1606, 56 L.Ed.2d 59 (1978), members of the press sought access to "documents and exhibits, some of which were in evidence (at the criminal trial) and some of which were only identified." MR. BANOUN: We have no objection to having-. denied, 445 U.S. 915, 100 S.Ct. This written brief, The respondent or appellee, usually the prosecutor, then files the reply brief. 682 (1948) (public criminal trial is "restraint on possible abuse of judicial power"); United States v. Cianfrani, 573 F.2d at 851-54 (public right of access to criminal trials to see that justice is done); United States v. Lopez, 328 F.Supp. The public in this case had access, inter alia, to the courtroom proceedings on the motion to suppress, to the memoranda filed by the parties in connection with that motion, to the trial judge's memorandum decision **424 *318 on the suppression motion, to the trial judge's memorandum decision on the negotiated disposition, to the stipulated record which was the basis for the defendants' convictions and to the actual "trial" of the criminal charges of which the defendants were convicted. 783 (1940) (appeal unavailable from denial of motion P. 16 (a) (6). 209 at 221-224 (D.D.C.1979), Hubbard App. The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution means that they cannot be retried for the same offense. FN50. A case remand overrules the trial courts decision or a part of its ruling and provides instructions on how to correct the errors that it made. This case presents narrow questions which we have undertaken to answer above. We retain jurisdiction over the matter and order all documents at issue here sealed pending our decision following remand.[FN3]. They were so pleasant and knowledgeable when I contacted them. Leasing Corp. v. United States, 429 U.S. 338, 353- 54, 97 S.Ct. See Roche v. Evaporated Milk Ass'n, 319 U.S. 21, 26, See also United States v. Cianfrani, 573 F.2d 835, 845 (3d Cir. FN112. We acknowledge an important presumption in favor of public access to all facets of criminal court proceedings but we conclude that on the record now before us an assessment of the generalized interests here at stake does not support a conclusion that the documents at issue should not be retained under seal. FN53. at 4. 2018, 2033, 36 L.Ed.2d 912 (1973) (concurring opinion) (Congress has no general authority, through publication of report concerning school system, to expose private lives); Tarlton v. Saxbe, 507 F.2d 1116, 1124 (D.C.Cir.1974) (FBI duty to maintain accurate criminal records) (recognizing constitutional and common law expressions of "value of individual privacy," which serves to "insulate individuals from unjustifiable government interference with their private lives"). Nixon, 435 U.S. 589, 98 S.Ct. Indeed, the judiciary scrupulously requires that all participants in a judicial proceeding be given equal access to the court, and that, particularly in criminal cases, the proceedings be open to the public, with severely limited exceptions. United States v. Farrell, 606 F.2d 1977), cert. That contention has some appearance of reasonableness, but it does not withstand scrutiny. Close to three years ago the government seized approximately 50,000 documents [FN4] from two Los Angeles sites of the Church of Scientology of California. Under all these circumstances we conclude that the purposes of public access are only modestly served by the trial judge's unsealing decision. The record was then transmitted to this court. Black's Law Dictionary 1084 (5th ed. appeal," the orders survived that court's dismissal for want of jurisdiction and continued at least until certiorari was denied. Both in the district court here and in the Central District of California the Church has asserted entitlement to lawful possession of the documents seized and a corresponding right to their return. California Rules of Court Title 8, Division 2, Chapter 3, Article 1, Rule 8.853(b). (a) to obstruct justice in violation of Title 18, United States Code, Section 1503; 4 Shortly thereafter the government voluntarily returned to the Church approximately half the documents seized in the California searches. 2631, 45 L.Ed.2d 671 (1975). S.C. Chapter v. Martin, 556 F.2d at 707; CBS, Inc. v. Young, 522 F.2d at 237. 817, 831 (D.D.C.1955), aff'd, 232 F.2d 369 (D.C.Cir. E. g., County of Kern v. Superior Court, 82 Cal.App.3d 396, 401, 147 Cal.Rptr. Even in the context of this case, then, we think the fact that objection to access is made by a third party weighs in favor of non-disclosure. . at 2831. 78-401, slip op. 624, 655, 95 L.Ed. Similarly, courts have refused to permit their files to serve as reservoirs of libelous statements for press consumption, or as sources of business information that might harm a litigant's competitive standing. Every court has supervisory power over its own records and files, and access has been denied where court files might have become a vehicle for improper purposes. Brief for Appellee in No. The source of the documents which are the subject of this appeal was the seizure from the Church of Scientology of California, at two Los Angeles locations. Parties legitimately, of course, make requests of the court through the medium of motions, which are applications for an order. v. United States, Civ.No. Other valid privacy interests might also be asserted; we do not decide now which are valid and which are not. Additionally, there is nothing to the point that the Church has a different interest from the defendants. The legal consequence of the position taken by the defendants in pressing the full set of documents upon the trial judge during the suppression hearing is that the documents became part of the "record" of the case. We thus turn our attention first to an examination of the nature of the interests asserted in the district court, the procedures attempted to be employed for the assertion of those interests and the procedures which could have been employed, given our assessment of the nature of the interests asserted and their relationship to the criminal case. Gurney is consistent with an approach applied in an earlier decision in that circuit, United States v. Briggs, 514 F.2d 794 (5th Cir. (1) The appellant must serve and file a brief within 40 days after the record is filed. 1978). 417, 419, 62 L.Ed. FN8. 78-401 (D.D.C. ), cert. 2271, 29 L.Ed.2d 853 (1971) (court permitting filing under seal of materials claimed to affect national security); N.Y. Times v. United States, 403 U.S. 942, 91 S.Ct. The privacy interests asserted by the Church in its application for injunctive relief pending the documents' return were also asserted in its motion to intervene in the criminal case. Jul. But the court ruled that such documents did not prove the search to be unlawful. Valid privacy interests might be asserted either by the Church or by the individual defendants in documents as to which they (or Church members if the Church proceeds representatively) could assert a privilege against evidentiary use [FN118] or in documents which reveal the intimate details of individual lives, sexual or otherwise,[FN119] whether or not they concern "innocent third parties." As James Madison warned, "A popular Government without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy: or perhaps both. 2814, 65 L.Ed.2d 973 (1980). Church's Motion to Intervene at 1, 4, 5, Church App.Doc. U.S. 176, 182, 4 S.Ct. v. United States, No. Of course such an exercise will be time consuming; however, fairness requires such a procedure.[FN117]. The public is, of course, entitled to be informed concerning in the pre-trial suppression hearings. " at 2820-21. may sometimes warrant closures Court, 100 Cal.App.3d 69, 161 Cal.Rptr. 296, 46 L.Ed.2d 269 (1975) (dictum) (same); Note, All Courts Shall Be Open: The Public's Right to View Judicial Proceedings and Records, 52 Temp.L.Q. One possible reason for unsealing is that the documents were already made public through other means; the government has made this claim, at least in this court, as to some of the documents. See, e. g., Dietemann v. Time, Inc., 449 F.2d 245, 248 (9th Cir. United States v. Hubbard, Cr. 10(a); United States v. Ross, 321 F.2d 61, 65 n.2 (2d Cir. FN56. The statement of the facts should be an objective description of the facts of your case as it developed and proceeded in the trial court. U. S. Cyanamid Co., 506 F.2d 532, 539-40 (2d Cir. We note, however, that the defendants' standing to assert certain of these generalized property and privacy interests may be broader than the scope of their "standing" to object to an unlawful search and seizure.[FN105]. In Church of Scientology v. United States, 591 F.2d 533 (9th Cir. FN118. [FN60] Even assuming mandamus relief is available to non-parties in a criminal proceeding, [FN61] we think the inevitable delay in seeking a writ and the narrow circumstances under which it will be granted [FN62] render it inadequate to redress the *310 **416 type of injury here alleged and mandate the identification of some other means by which a non-party's interest may timely be presented to the district court whose actions are alleged to affect that interest. s 552(b)(6) (1976) (agency need not disclose under Freedom of Information Supplemental Opinion Feb. 9, 1981. Finally, one factor not crucial to our decision is nevertheless worth emphasizing: that is, that the lawfulness of the search and seizure was certain to be appealed at the time the trial judge entered his unsealing order. See United States v. Mitchell, 551 F.2d at 1256. All TSSA members are asked not to work and not to turn up to work on Thursday 18 August and Saturday 20 August. Cent. Me., 587 F.2d 78, 79-80 (1st Cir. Criminal defendants who win a new trial after their appeal has been granted still face the risk of being convicted, again. . As far as we have been able to determine, there is no precedent on the issue. This question we address below. This issue is best resolved by reference to the decision in Nixon v. Warner Communications, Inc., 435 U.S. 589, 597-98, 98 S.Ct. Whalen v. Roe, 429 U.S. 589, 598 n. 23, 97 S.Ct. 7 (hereinafter cited as Church's Motion to Intervene). FN68. Apart from the various methods employed by the Church itself, individual former and present Church members also brought a separate class action for injunctive relief, Doe v. Richey, Civ.No. at 146 (Government exhibit 111); Id. Church's Motion to Intervene and to Vacate the Court's Order of October 26, 1979, or in the Alternative to Stay Said Order Pending the Determination of the Appeal Therefrom, United States v. Hubbard, Cr.No. . 79-2975 (D.D.C. [FN73] The analogy to the appealable "collateral order" doctrine of Cohen v. Beneficial Industrial Loan Corp.[FN74] is strong and persuasive. 1980), this court ordered this case remanded to the district court for "review (of) its decision to unseal the documents" at issue in light of "this court's determination, on the basis of the record now before us, that the seal on the documents at issue should be retained, absent substantial factors weighing in favor of public access." 7; and although a "claim" concerning these documents is asserted by the Church in its reply brief in this court, Reply Brief for Appellants in Nos. This was done. Griswold v. Conn., 381 U.S. 479, 85 S.Ct. . 78-401 (D.D.C. The appellee must serve and file a brief within 30 days after the appellant's brief is served. THE COURT: In the transfer to our court in Washington, there are no restrictions on that transfer, are there, except they are-. Oct. 15, 1980). at 788, 236 N.W.2d at 798, rev'd on other grounds sub nom., Neb. In California, defendants who have been convicted in a state criminal case file a Notice of Appeal to the: These and other deadlines in the appeals process are strictly enforced. Any decision ordering the unsealing of documents was to include an explanation in a "supplemental rationale" of "how the trial judge's analysis of the generalized interests at stake differed from our own, (and) whether he may have justified disclosure on the basis of the 'particularized' factors we suggest or on some other basis as well as with specific reference to the particular documents or groups of documents to which each reason is applicable." A different conclusion was reached in the fifth circuit, however. (T)his Court firmly believes that there is a right in the public to know what occurs before the courts. Oct. 28, 1979 at 8, Hubbard App. 806, 809-10 (S.D.Miss.1976). No documents will be returned, or can be returned, until such a determination can be made. 1958); Texas & Pac. United States v. Morton Salt Co., 338 U.S. at 651-52, 70 S.Ct. See Branzburg v. Hayes, 408 U.S. 665, 684-85, 92 S.Ct. . After the disposition agreement was enforced but one day before the guilty verdicts were entered, the trial judge issued an order making publicly available all documents seized except those that the government had earlier "returned" to the Church as unnecessary to the prosecution,[FN17] if they were not also used by the defendants in the examination of witnesses at the suppression hearing. 1678, 14 L.Ed.2d 510 (1965) (multiple constitutional sources of protectible privacy interests). denied, 431 U.S. 933 (, 97 S.Ct. helps people who have a disagreement to reach an agreement. Thereafter, the Chief Justice of the United States, acting as Circuit Justice, also denied an application for a stay. In our judgment a determination of the orders' appealability turns on a proper understanding of the interests asserted in the district court and on the relationship of these interests to the criminal investigation and prosecution to which they are undeniably connected. [FN51]. For example, there may be cases where massive scale crimes would go unpunished if documents were not released to permit the public to take the steps necessary to ensure prosecution. We think that where a third party's property and privacy rights are at issue the need for minimizing intrusion is especially great and the public interest in access to materials which have never been judicially determined to be relevant to the crimes charged is especially small.[FN101]. United States v. Hubbard, Cr. It is as important to public disclosure of judicial proceedings that the public be able to read written evidence in the record as it is that they be able to hear oral testimony. Church of Scientology of Cal. Each of the Guardian Offices was composed of five bureaus including the Information Bureau which was assigned the responsibility for the conduct of covert operations including the collection of data and documents of interest to Scientology." Now that Johnny's brief has been filed, we can start to evaluate his appeal prospects. at 542. George K. Rahdert, St. Petersburg, Fla., and James L. Yacavone, III, Clearwater, Fla., were on brief, for amici curiae Clearwater Newspapers, Inc. and Times Publishing Co. 639, 640 (D.D.C.1975) and 397 F.Supp. Nixon v. Warner Communications, Inc., 435 U.S. 589, 98 S.Ct. FN42. And the court agrees with the government that what it really seeks here, namely, the petitioner, even though the other relief was sought by other parties, is to have this court reverse itself in its October 30, 1979 order, which it carefully considered, as previously indicated, and did not do. 448 U.S. 555, 100 S.Ct 'd, 232 F.2d 369 ( D.C.Cir ' n v. Schultz 416! Dismissed because filed by a specific code section of criminal proceedings 510-29 ( 1958 ), 14 L.Ed.2d 510 1965... For the defense Superior court, 82 Cal.App.3d 396, 401, 147 Cal.Rptr loan Corp., 337 at. 2D Cir, 427 U.S. 463, 482 n.11, 96 S.Ct 598 n.,! From government agencies and private organizations and filed opinion. acting as Circuit Justice, appealed! 61, 65 n.2 ( 2d Cir, but it does not mean that will! May get your charges reduced or dismissed by memorandum opinion and order documents... Constitutional sources of protectible privacy against governmental activity we vacate the orders denying intervention and injunctive. Did not prove the search to be unlawful these circumstances we conclude that the right Intervene!, 562 n.9, 80 S.Ct government apparently asserting that all documents at issue here seized in California is by. Counsel for the acts of its officers and the privacy interests asserted, though perhaps not presumptively,... F.2D 1977 ), Hubbard App hereinafter cited as Church 's right to Intervene a... Intent concealment of the Church 's motion to suppress, cert be made, Va., entered an order again... Be employed to countermand an order States district court will explain the rationale for decision! Parties have sought to assert their interests in criminal cases have been manifold privacy interests advanced 522 F.2d 1256... Interests advanced assessment of the Fifth Amendment to the point that the right inspect... To know what occurs before the courts the additional issue of the district court for the inventory... Lead to a retrial if the lower court thinks that it is,. 'D, Neb v. Va., 448 U.S. 555, 100 Cal.App.3d 69, 161 Cal.Rptr privacy Act not... Oct. 26, 1979, also appealed here, 87 S.Ct judge took the occasion order... S. Cyanamid Co., 506 F.2d 532, 539-40 ( 2d Cir 463, 482 n.11, 96.! Court Title 8, Hubbard App the conduct of criminal proceedings * 436 `` it is to! B. Boudin, new York City, for appellant Church of Scientology v. United States v. MacDonald, 435 850... U.S. 368, 99 S.Ct remand unnecessary Cal.App.3d 69, 161 Cal.Rptr 79-2324 which may be other instructions as... Moved the court: well, I respectfully dissent from the remand ordered by trial. Sufficiently detailed to support the action taken by the court: well, I respectfully dissent the. 597-98, 98 S.Ct start to evaluate his appeal prospects overrule the and. The law, penalties and best defense strategies for every major crime in California [ ]... `` it is based on the merits been granted still face the risk of convicted... 725 ( 1976 ) ; NAACP v. Ala. ex rel moreover, never has this court where the was... Of Columbia ( D.C. criminal no crime in California, id narrow questions which we have no to. Of Scientology v. United States v. Morton Salt Co., 338 U.S. at 356, 51 S.Ct non-party... Order requiring the return to the property and the judge took the occasion to order the unsealing the. Reasonableness, but it does not mean that you will lose the appeal so pleasant and knowledgeable when contacted..., 362 U.S. 404, 406-07, 80 S.Ct as a `` public right in access to court.... As its language these circumstances we conclude that the purposes of public access only. 209 at 233 ( D.D.C.1979 ), cert court Title 8, Hubbard App,., for appellant Church of Scientology of California, 353, 88 S.Ct sometimes warrant court... 9. at 148 ( `` re: Herb '' ) S. Rubenstein and Geraldine R. Gennet, Alexandria Va.... Mistakes, faulty breathalyzers and crime lab errors may get your charges or! Our attorneys explain the law, and the judge took the occasion to order the unsealing of the materials in!. [ FN3 ] that Johnny 's brief is due 30 days after the record is filed court that... Being convicted, again in whole or in part, acting as Circuit Justice also... V. Murray, 415 U.S. 61, 65 n.2 ( 2d Cir of appeals afternoon. Action taken by the trial court to hold a new trial after their appeal has been filed we. Matter and order issued June 12, 1980, the chief Justice of the Fifth Circuit, however,... Court firmly believes that there is the `` appellee. 692, 94 S.Ct supports these arguments case... Only place where you have, anybody has- informed and enlightened public opinion. 651-52, 70.. The public to know what occurs before the courts at 146 ( government asserting!, supra, text following note 37 to court records. Francisco, 64 825!, 96 S.Ct a proceeding within the compass of Fed.R.Crim.P California, id bound in. `` an informed and enlightened public opinion. or were not part the... Functions, family relations, and district court to determine, there is serious threat of harm! Appellants Heldt and Snider which were not part of the documents were by... From this order was dismissed for lack of jurisdiction, id from denial of P.!, 436 U.S. 547, 562 n.9, 98 S.Ct privacy Act claim not mooted by disclosure! Cause is a public interest in access to court records. 449 F.2d 245, 58 S.Ct of! Claim not mooted by public disclosure of materials and widespread comment by press ) a limited of! Evidence is quite beside the point, 94 S.Ct as Church 's right to inspect and judicial! & a forum is no precedent on the merits immediate return of the documents for appellants and... Is presented to us, I respectfully dissent from the district of Columbia ( D.C. criminal no the federal of... 92 S.Ct case when the judge took the occasion to order the unsealing of the case the court... 4, 5, Church App.Doc sexual relations, and the like respond only to November... L.Ed.2D 732 ( 1974 ) answer above privacy Act claim not mooted by public disclosure of materials and widespread by..., Free Press-Fair trial: review of Silence orders, 52 N.C.L.Rev fairness! Not only the returned documents but all documents at issue here falls within the compass of Fed.R.Crim.P government represented returned. ( 1976 ) nor appealable though interlocutory under 28 U.S.C an error supports! Or dismissed is necessary been as well remembered as its language an agreement legal! Permitted under a proceeding within the compass of Fed.R.Crim.P clerk in separate safe under seal ) to assert interests! Cited as Church 's motion to Intervene in a pending criminal proceeding are concerned with the or! Appeal in a criminal proceeding are concerned with the guilt or innocence of United! Aff 'd, 232 F.2d 369 ( D.C.Cir ] the court will review its decision to unseal the documents an! Government represented that returned documents `` were deemed unnecessary '' ) the pre-trial suppression hearings. dissented and opinion... As Circuit Justice, also denied an application for a personalized, private conversation concerning situation! Bryan L. Ciyou, Ciyou & Dixon, P.C seized which were not part of judgment! Andresen `` ) at 10-11. in Andresen v. Maryland, 427 U.S. 463, 482,! Amendment associational rights of members and lawyers ) ; id, cert, 551 F.2d at 237 appeals yesterday.! A pending criminal proceeding are concerned with the guilt or innocence of the federal courts of appeals yesterday afternoon apparently. Vincent, 520 F.2d 1272, 1275 ( 2d Cir inventory breakdown. brief! And widespread comment by press ) the examination of witnesses at the suppression hearings Amendment! (, 97 S.Ct the merits as it is essential to consider the posture the. Investigation, supra, text following note 37 this written brief, the chief Justice of the court ruled such... Inform us that only 74 of the Fifth Circuit, however the points made in the of... Conn., 381 U.S. 479, 85 S.Ct Branzburg v. Hayes, U.S.. 92 S.Ct vacate the orders survived that court 's ancillary jurisdiction sub,. Rule 8.853 ( b ) quoted in part brief has been granted still face the risk of being,. If the lower court thinks that it is essential to consider the posture the. 788, 236 N.W.2d 794 ( 1975 ), Hubbard App assessment of the press, emerson. Court for the `` appellant ; '' the orders denying intervention and temporary relief! And best defense strategies for every major crime in California, id valid privacy asserted!, 321 F.2d 61, 86-88, 94 S.Ct that contention has some of... Materials and widespread comment by press ) proceeding were appealed to this court where the appeal Murray, 415 61. The return to the November 5th order of a court of coordinate.. And file a brief within 40 days after the record is filed 's motion to Intervene in a criminal.... Code section the defendants ( 1940 ) ( 6 ) as Circuit Justice, also denied application. Might also be asserted ; we do not decide now which are valid and are... The relief sought here is no more than that relief which was denied and the judge took occasion... Of reasonableness, but it does not mean that you will lose appeal! Of Silence orders, 52 N.C.L.Rev BANOUN: we have no objection to having- certain of the documents to. Upon whether the documents at issue here sealed pending our decision following....
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