United States v. Kally

File — Folder: 2

Identifier: Folder 2

Staff Only

No. 72-1028; 464 F.2d 709 (1972) Judges Wisdom, Roney and Godbold all initially agreed to reverse. All concurred in an order so holding, with an opinion to follow. Judge Godbold then changed his mind, and the order was amended to show his dissent. As Judges Wisdom and Roney remained in favor of reversal, Judge Wisdom prepared an opinion to that effect. Judge Roney was willing to concur in the opinion, but suggested that a paragraph be omitted. This suggestion was adopted. In support of his position, Judge Godbold circulated briefs filed in the Supreme Court in Katz v. United States, 389 U.S. 347 (1967). Judge Wisdom revised the opinion. The Supreme Court then decided Kastigar v. United States, 406 U.S. 441 (1972), controlling here, and the opinion was again revised. Includes TL of Judge Wisdom on the merits and on his proposed order; TL of Judge Godbold on the Wisdom order and on his intention to dissent; and, TL of Judge Roney on the merits and the position of Judge Godbold. Also includes draft opinion of Judge Wisdom; TLS of Judge Roney on the opinion as first proposed and on changes in it as appropriate; and, TL of Judge Wisdom on revision of the opinion. And includes TLS of Judge Godbold on the Wisdom opinion; TL of Judge Wisdom on the opinion and on revisions made in light of the position of Judge Godbold; and, TL of Judge Wisdom on revisions made in light of Kastigar and the Godbold dissent.