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IN RE OLIVER

No. 215.

333 U.S. 257 (1948)

68 S.Ct. 499

92 L.Ed. 682

IN RE OLIVER.

Supreme Court of United States.

Decided March 8, 1948.

Attorney(s) appearing for the Case

Osmond K. Fraenkel and William Henry Gallagher argued the cause for petitioner. With them on the brief were Louis M. Hopping and Elmer H. Groefsema.

Edmund E. Shepherd, Solicitor General, argued the cause for the State of Michigan, respondent. With him on the brief were Eugene F. Black, Attorney General, H.H. Warner and Daniel J. O'Hara, Assistant Attorneys General.

Harry G. Gault and Wilber M. Brucker filed a brief for the State Bar of Michigan as amicus curiae.

Patrick H. O'Brien and Erwin B. Ellmann filed a brief for the Detroit Chapter, National Lawyers Guild, as amicus curiae, urging reversal.

MR. JUSTICE BLACK delivered the opinion of the Court.

A Michigan circuit judge summarily sent the petitioner to jail for contempt of court. We must determine whether he was denied the procedural due process guaranteed by the Fourteenth Amendment.

In obedience to a subpoena the petitioner appeared as a witness before a Michigan circuit judge who was then conducting, in accordance with Michigan law, a "one-man grand jury" investigation into alleged gambling...

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