Epstein Secrets

ein to walk a thin line with regard to "surrender[ing] the very protection which the privilege is designed to guarantee." Hoffman, 341 U.S. at 479. The United States Supreme Court has made clear that the scope of the Fifth Amendment Privilege also encompasses the 10 Case 9:08-cv-80119-KAM Document 391 Entered on FLSD D

n of all the circumstances in the case, ... that the answer( s) cannot possibly have such tendency' to incriminate." Id. at 488. (quoting Temple v. Commonwealth, 75 Va. 892, 898 (188l)(emphasis in original).)) Here, the Court cannot conclude that answers and responses cannot possibly have a tendency to incri

ld support a criminal conviction, but even if "the responses would merely 'provide a lead or clue' to evidence having a tendency to incriminate."). The United States Supreme Court has made clear that the scope of the Fifth Amendment Privilege also encompasses the circumstance where "the act of producing documents in response

. United States, 1951, 340 U.S. 367, 71 S.Ct. 438, and to require him to answer if 'it clearly appears to the court that he is mistaken.' Temple v. Commonwealth, 1880, 75 Va. 892, 899. However, if the witness, upon interposing his claim, were required to prove the hazard in the sense in which a claim is usu

interests of the victim. 774 Having seen the Advisory Committee proposal and accompanying note, I am concerned that the limits on subpoenas found in the United States Supreme Court's decision in United States v. Nixon 734 might be vitiated by a broad rule. To ensure courts consistently apply Nixon's substantive and procedural stan

ft. Rape victims requested the return of their records from the center and, in some cases, even requested termination of the counseling relationship. Commonwealth v. Wilson, 602 A.2d 1290, 1294 n.6 (Pa. 1992); Tera Jckowski Peterson, Comment, Distrust and Discovery: The Impending Debacle in Discovery of Rape Vi