Upon consideration of the emergency petition of the United States of America for a stay order pending filing of a petition for mandamus, It is Ordered that said stay be granted and all proceedings in Case No. 65 CR 432, United States v. Simmie S. Horwitz, and in Case No. 65 C 464, United States v. Simmie S. Horwitz, pending before Honorable Hubert L. Will, Judge of the United States District Court for the Northern District of Illinois, be stayed until further order of this Court.
And, It is Further Ordered that the United States of America, Petitioner, be granted leave to file its petition for mandamus to vacate the order directing petitioner to answer Item 25(a), (b), (c), (e), (f) and (g) of the Bill of Particulars by Monday, March 21, 1966.
Rule to Show Cause (3/24/66)
Hon. JOHN S. HASTINGS, Chief Judge, Hon. F. RYAN DUFFY, Circuit Judge, Hon. LUTHER M. SWYGERT, Circuit Judge. On June 15, 1965, indictment No. 65 Cr 432 was returned to the District Court for the Northern District of Illinois, charging Simmie S. Horwitz with a violation of Title 26 U.S. Code § 7206(1);
On June 29, 1965, indictment No. 65 Cr 464 was returned to the District Court for the Northern District of Illinois, charging Simmie S. Horwitz with a similar but distinct violation of Title 26 U.S. Code, § 7206(1). At subsequent proceedings, these two indictments have been considered on a consolidated basis;
On September 7, 1965, defendant filed a motion in the alternative for a bill of particulars. Thereafter, the Government filed an answer in opposition to defendant's motion for a bill of particulars;
On November 29, 1965, the District Court entered an order granting defendant's motion for a bill of particulars except as to 4 and 29(b);
On December 3, 1965, the Government filed a motion to vacate the Court's order of November 29, 1965, with respect to particulars 7, 14, 25, 28 and 29(a). This motion was denied, and the Government has filed answer to all questions contained in defendant's bill of particulars as directed by the Court except questions 25(a)(b)(c)(e)(f) and (g);
On March 15, 1966, on petition of the Government, this Court granted a stay of all proceedings until further order of the Court and granted the government leave to file its petition for mandamus to vacate the District Court's order directing the Government to answer certain items of the bill of particulars by March 21, 1966;
Petitioner, United States of America, citing Bowman Dairy v. United States, 341 U.S. 214, Atlass v. Miner, 7 Cir., 265 F.2d 312, 319 and Miner v. Atlass, 363 U.S. 461, and claiming the District Court has attempted to extend criminal discovery beyond the provisions of the Federal Rules of Criminal Procedure and the law, and protesting that under established law, the Government need not disclose a list of its witnesses to the defendant in advance of trial, has requested this Court to issue a writ of mandamus directed to Honorable Hubert L. Will, Judge of the United States District Court for the Northern District of Illinois, who signed the orders hereinbefore described;
And the Court being fully advised;
It Is Ordered, that the said Honorable Hubert L. Will, Judge of the United States District Court for the Northern District of Illinois, show cause within twenty (20) days of the date of this order, why a writ of mandamus should not issue from this Court ordering the said Honorable Hubert L. Will to vacate the Court order signed by him directing the Government to answer question 25 contained in defendant's motion for a bill of particulars; and
It Is Further Ordered, that pending the decision of this Court on the issues hereinbefore stated, the United States of America need not answer Question 25 contained in ...