Opinion

United States v. Rocco Frumento in Re Subpoena to Vito N. Pisciotta

  • 552 F.2d 534
Court
Court of Appeals for the Third Circuit
Filed
Mar 18, 1977
Status
Published
Author
Rosenn
On the bench
III, Seitz, Rosenn, Garth, Nov, Van Dusen, Aldisert, Adams, Gibbons, Hunter, Weis
Cited by
46 cases

“[w]e reiterate our adherence to this principle; except as the basis for a prosecution for perjury a witness’s immunized testimony may not be used against him”

How later courts described this case

  • “[w]e reiterate our adherence to this principle; except as the basis for a prosecution for perjury a witness’s immunized testimony may not be used against him”
  • witness held in civil contempt for refusing to testify; he was incarcerated until he purged the contempt or until the proceedings at which he did not testify were terminated; he took all possible action to get judicial reconsideration of the contempt decision; appellate review deemed appropriate even though the proceedings had terminated and the witness had been released from confinement
  • reading Liddy as premised on fact that witness had been granted immunity
  • prisoner on parole remains “in (3d Cir. 1977) (en banc). In Frumento, custody” for purposes of 28 U.S.C. § we noted that “an appeal is not moot 2254

Written by the judges who cited it.

The opinion

ROSENN, Circuit Judge,

concurring.

I concur in the opinion of the majority, with the exception of the dictum that incapability of repetition would not render this appeal moot. See majority op. at 540-541.

As Judge Garth demonstrates, the circumstances giving rise to Pisciotta’s confinement and release are indeed capable of repetition; consequently, this case falls within a well-established exception to general principles of mootness. Therefore, there would appear to be no need for the gratuitous assertion that, even if the circumstances underlying this case were incapable of repetition, the appeal would not be moot because the significance of the interests at stake is itself enough to permit review. Whether the presence of important interests obviates a showing of capability of repetition for purposes of mootness analysis is a troublesome question that should be addressed only in the context of a case squarely presenting that issue.

ADAMS, Circuit Judge, joins in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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