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2.59 MB
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Extraction Summary

5
People
4
Organizations
1
Locations
0
Events
1
Relationships
5
Quotes

Document Information

Type: Legal research / law review article page (house oversight production)
File Size: 2.59 MB
Summary

This document is a page from a 2007 Utah Law Review article (page 32 of 78 in the production), produced by David Schoen to the House Oversight Committee. It discusses the legal and ethical arguments against 'ex parte' subpoenas, arguing they are unfair to victims and violate the Crime Victims' Rights Act (CVRA). The text argues that victims should have notice and the right to be heard before their confidential information is turned over to the defense, citing ABA standards and Supreme Court precedent.

People (5)

Name Role Context
David Schoen Attorney (Footer)
Name appears in the footer, indicating this document was likely part of his file production to the House Oversight Co...
Robert M.A. Johnson Chair, ABA Criminal Justice Section
Cited in footnote 251 as author of a letter.
Peter G. McCabe Honorable / Secretary
Secretary of the Committee on Rules of Practice and Procedure, recipient of letter in footnote 251.
William J. Brennan Author/Justice
Cited in footnote 250 regarding criminal prosecution.
Debra Lyn Bassett Author
Cited in footnote 254 regarding Recusal and the Supreme Court.

Organizations (4)

Name Type Context
Advisory Committee
Referenced regarding Rule 17 and ex parte procedures.
American Bar Association
ABA; referenced regarding comments on Rule 17 and ethical standards.
Supreme Court
Referenced for legal precedent regarding the adversary system.
House Oversight Committee
Implied by the Bates stamp 'HOUSE_OVERSIGHT_017667'.

Locations (1)

Location Context
Referenced in the header '2007 Utah L. Rev.'

Relationships (1)

Robert M.A. Johnson Professional Correspondence Peter G. McCabe
Letter cited in footnote 251 from Johnson to McCabe.

Key Quotes (5)

"Subpoenas issued ex parte are plainly unfair to victims."
Source
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Quote #1
"As the Supreme Court has bluntly explained, our adversary system is not 'a poker game in which players enjoy an absolute right always to conceal their cards until played.'"
Source
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Quote #2
"Allowing ex parte procedures violates basic principles of fairness."
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Quote #3
"Defense attorneys would also be treading on ethical thin ice under proposed Rule 17."
Source
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Quote #4
"Rule 17 should follow the same approach and insure that victims always have an opportunity to contest disclosure of their personal and confidential information in court."
Source
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Quote #5

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