DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
153603P.pdf 12/28/2015 Grand Jury Process, John Doe v.
U.S. Court of Appeals Case No: 15-3603
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Wollman and Gruender, Circuit Judges]
Criminal case - Criminal law. The district court did not err in
disqualifying petitioner, a lawyer representing three clients in
connection with an ongoing federal grand jury investigation, on the ground
that his concurrent representation of the three clients created a conflict
of interest; the court did not err in reaching this determination without
a hearing to consider possible waivers of counsel's conflict of interest
as the hearing would require a deleterious breach of grand jury secrecy;
assuming that a grand jury witness could waive his interest in
conflict-free assistance of counsel, the district court did not engage in
a judicial usurpation of power by concluding that no such waiver was
feasible or permissible under the circumstances.