WILL V. UNITED STATES 389 U.S. 90 (1967) CASE BRIEF

WILL V. UNITED STATES

389 U.S. 90 (1967)

NATURE OF THE CASE: This was a tax evasion case and a dispute over the use of a writ of mandamus to compel a District Judge (Will) to vacate a portion of a pretrial order in a criminal case.

FACTS: Will, a judge, directed the IRS to respond to a bill of particulars by a defendant, Simmie Horwitz, to reveal information regarding oral statements relied upon by the prosecution, including identification of the persons to whom they were made, and whether those persons were government agents, and if the government had a transcript or memoranda of the statements of their substance. The government refused to comply and facing dismissal, sought a writ of mandamus to compel the judge to vacate the order. The Court of Appeals first denied the writ and then issued the writ without opinion. Judge Will's petition for certiorari was granted.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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