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15-2475 - In re: Grand Jury Matter #3


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15-2475 - In re: Grand Jury Matter #3
October 28, 2016
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PRECEDENTIAL OPINION Coram: MCKEE, Chief Judge*, AMBRO and SCIRICA, Circuit Judges. Total Pages: 39. Judge: MCKEE Authoring. AMBRO: Dissenting. *Judge McKee was Chief Judge at the time this appeal was argued. Judge McKee concluded his term as Chief Judge of the United States Court of Appeals on September 30, 2016.--[Edited 10/28/2016 by MB (---OPINION VACATED BY COURT ORDER DATED 01/27/2017--)--[Edited 01/27/2017 by DW]
January 27, 2017
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ORDER (Coram: MCKEE, AMBRO and SCIRICA, Circuit Judges) It is hereby ORDERED that the petition for rehearing by the panel is granted. The opinion and judgment entered October 28, 2016 are hereby VACATED*. A substitute opinion and judgment are being filed with this Order. Authoring Judge: AMBRO. * As the merits panel has vacated the prior opinion and judgment, action is not required by the en banc court.
January 27, 2017
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PRECEDENTIAL PER CURIAM OPINION Coram: MCKEE, Chief Judge*, AMBRO and SCIRICA, Circuit Judges. Total Pages: 17. Many appeals involving grand jury proceedings will become moot after the return of an indictment. But the presence of a new grand jury that is continuing to investigate even after issuing a superseding indictment makes this case out-of-lane. As a live controversy remains, an indictment does not automatically preclude us from deciding it. When we do so, we conclude that the crime-fraud exception to the attorney work-product privilege does not apply to the email at issue. We therefore reverse the decision allowing the breach of that privilege. *Judge Theodore McKee concluded his term as Chief of the United States Court of Appeals for the Third Circuit on September 30, 2016. Judge D. Brooks Smith became Chief Judge on October 1, 2016.