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e citations omitted). However, the act of production privilege applies only if the production would be "testimonial" and "incriminating." Butcher I Bailey , 753 F.2d 465, 469 (6th Cir 1985) (citing United States I Doe , 465 U.S. 605, 612-13 (1984)). Production of documents may be testimonial in any of
tigation. The right to effective assistance of counsel does not attach until adversary judicial proceedings have been initiated against a defendant. Kirby. Illinois , 406 U.S. 682 (1972). For this reason, the Sixth Amendment does not apply to a grand jury investigation, and a demand for information rel
anon of statutory construction that "discourages courts from adopting a reading of a statute that renders any part of the statute mere surplusage." Bailey' United States, 516 U.S. 137, 146 (1995)(noting that each word in a statute is intended to have "particular, nonsuperfluous meaning"). Congress int
"criminal prosecution" does not commence with the filing of complaint and issuance of an arrest warrant, but only upon the return of an indictment. Kirby' Illinois, 406 U.S. 682, 688-690 (1972). See also United States' Pace, 833 F.2d 1307, 1312 (9th Cir. 1987) (filing of complaint and issuance of arr
anon of statutory construction that "discourages courts from adopting a reading of a statute that renders any part of the statute mere surplusage." Bailey'. United States, 516 U.S. 137, 146 (1995)(noting that each word in a statute is intended to have "particular, nonsuperfluous meaning"). Congress in
criminal prosecution" does not commence with the filing of a complaint and issuance of an arrest warrant, but only upon the return of an indictment. Kirby. Illinois, 406 U.S. 682, 688-690 (1972). See also United States Pace, 833 KM 1307, 1312 (9th Cir. 1987) (filing of complaint and issuance of arres
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