United States Tenth Circuit

Denial of petitions brought by members of a federal grand jury empaneled to investigate possible environmental crimes at a nuclear weapons plant, seeking the release of certain documents and the lifting of their secrecy obligation under Federal Rule of Criminal Procedure 6(e) is reversed and remanded where: 1) the proceeding below was essentially a civil proceeding, and thus appellants' notices of appeal were timely; 2) the resolution of the case did not call for an advisory opinion; 3) appellants had standing; and 4) claim preclusion and issue preclusion did not apply.

Appellate Information

• Decided 06/16/2006
• Published 06/16/2006

Judges

• HARTZ, Circuit Judge., Before MURPHY, EBEL, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jonathan Turley, George Washington Law School, Washington, D.C., and Kenneth E. Peck, Bushell & Peck, Denver, CO, (Bette K. Bushell, Bushell & Peck, Denver, CO, with him on the brief) for the Appellants.


• For Appellees:
  
• Jerry N. Jones, Assistant United States Attorney (William J. Leone, Acting United States Attorney, with him on the brief), Denver, CO, for the Appellee.