# In re Holovachka

> Court of Appeals for the Seventh Circuit · May 22, 1963 · 317 F.2d 834

URL: https://www.frixlaw.com/law-library/cases/6925098

## Case

- **Full name:** In the Matter of Making Available to the Attorney General of the State of Indiana Certain Testimony before the United States Grand Jury, Northern District of Indiana, of Various Witnesses in an Investigation Relating to Metro HOLOVACHKA. Appeal of Patrick BRENNAN
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** May 22, 1963
- **Citations:** 317 F.2d 834
- **Precedential status:** Published
- **Opinion:** Concurrence by Schnackenberg
- **Judges:** Duffy, Schnackenberg
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6925098

## Opinion text

SCHNACKENBERG, Circuit Judge
(concurring).
I concur in and approve the foregoing opinion. Moreover, the petition presented to the district court by the attorney-general of Indiana expressly relates to the matter of making available to him in an investigation relating to Metro Holovachka, pending in the Supreme Court of the state of Indiana, the testimony of various witnesses before the grand jury of the United States District. Court.
From the transcript of proceedings in the district court it appears that, at the time the testimony of witness Patrick Brennan was taken before the grand jury, the district court was “then deeply involved in the trial of Metro Holovachka”, resulting in his conviction, which we later affirmed, 7 Cir., 314 F.2d 345 . It appears conclusively to me that, as a practical matter, the matters produced at this public trial resulting in conviction were all available to anyone. Thus, the state of Indiana there had a source of information as to the defendant Holovachka, which made a resort to grand jury proceedings unnecessary.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6925098. Public record. Not legal advice.