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United States Vs. Kahan
Cites for this judgment
- US Supreme Court
- Feb 25, 1974
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U.S. 239 (1974) U.S. Supreme Court United States v. KahanSearch
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U.S. 239 (1974) United States v. KahanSearch
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making statements before the grand jury with knowledge of their falsity. The Court of Appeals, in reliance on Simmons v. UnitedSearch
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choice of having to surrender one constitutional right in order to assert another. Simmons v. UnitedSearch
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ultimate truth of the matter asserted in the pretrial request for appointed counsel is of no moment. See Simmons v. UnitedSearch
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F.2d at 292. The Court of Appeals cited United States v. BrankerSearch
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F.2d 378 (CA2 1969), for its application of Simmons v. UnitedSearch
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evidence assertedly illegally seized, the claimant must show the kind of interest in that evidence set forth in Brown v. UnitedSearch
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claims for appointed counsel by the Branker holding, a question which we do not now decide, cf. McGautha v. CaliforniaSearch
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on the issue of indigency free from the risk that the claimant will be held accountable for his falsehood. Cf. Harris v. NewSearch
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DOUGLAS, with whom MR. JUSTICE BRENNAN concurs, dissenting. Mr. Justice Harlan speaking for the Court in Simmons v. UnitedSearch
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Amendment, I fail to see how testimony protective of Sixth Amendment rights is on a lower level. In United States v. JacksonSearch
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concerning crimes already charged. That was so held Page 415 U. S. 246 by a unanimous Court in Counselman v. HitchcockSearch
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and the Fifth Amendment comparable to the tension between the Fourth and Fifth Amendments recognized in Simmons v. UnitedSearch
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States, 390 U. S. 377 (1968). The situation presented in United States v. BrankerSearch
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he could be prosecuted for perjury or false statement. 479 F.2d 290, 292 n. 3 (CA2 1973). See, e.g., United States v. BirrellSearch
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it must shelter him with the immunity provided by the Fifth Amendment for such compelled testimony. Cf. United States v. BrankerSearch
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turn out to be false are often made in the good faith but mistaken belief they are correct, cf. New York Times Co. v. SullivanSearch
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U.S. Supreme Court United States v. KahanSearch
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Simmons v. UnitedSearch
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See Simmons v. UnitedSearch
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United States v. BrankerSearch
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of Simmons v. UnitedSearch
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Brown v. UnitedSearch
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Cf. Harris v. NewSearch
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In United States v. JacksonSearch
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United States v. BirrellSearch
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Cf. United States v. BrankerSearch
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McGautha v. CaliforniaSearch
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