In re Grand Jury
United States Court of Appeals for the Third Circuit
103 F.3d 1140 (3d Cir. 1997)
This decision contains two consolidated cases involving a claimed parent-child testimonial privilege. In the Virgin Islands case, a father was subpoenaed to testify against his son (defendant). In the Delaware case, a daughter was subpoenaed to testify against her father (defendant). The subpoenaed parties claimed that they should not have to testify based on a claimed parent-child privilege under Rule 501. The district courts in each case found that no parent-child privilege exists. The subpoenaed parties appealed.
Rule of Law
Holding and Reasoning (Garth, J.)
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