SMITH V. RICHERT
35 F.3d 300 (7th Cir. 1994)
NATURE OF THE CASE: Smith (P) appealed under a federal habeas corpus action over a
subpoena duces tecum and Fifth Amendment right against self-incrimination.
FACTS: The Indiana Department of Revenue (D) believed that Smith (P) had not filed
Indiana income tax returns for some years though required by law to do so. A subpoena duces
tecum commanded to produce financial records, for the years 1984 through 1988. P was
required by statute to keep such records. P refused on Fifth Amendment and other grounds to
comply with the subpoena and was prosecuted for and convicted of failing to permit the
examination. The court ruled that the records sought by the subpoena were required records
and so could lawfully be compelled to be produced. P then applied for federal habeas corpus.
The district court dismissed the claim. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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