Supreme Court of the United States
Levine v. United States
May 23, 1960362 U.S. 610
Summary
The Court affirmed Levine’s contempt conviction, holding that the exclusion of the public from the grand‑jury‑initiated proceeding did not violate the Fifth Amendment Due Process Clause nor the Sixth Amendment’s public‑trial guarantee because the petitioner never objected or requested the courtroom be opened. The decision notes that the procedural safeguards for criminal contempt differ from those of ordinary criminal prosecutions.
Holding
- Whether the exclusion of the public from the grand‑jury‑initiated contempt proceeding violated the Fifth Amendment Due Process Clause.. The exclusion did not violate the Fifth Amendment because the petitioner never made a timely objection or request to open the courtroom.
- Whether the Sixth Amendment’s guarantee of a public trial applies to criminal contempt prosecutions.. The Sixth Amendment’s public‑trial right does not extend to criminal contempt proceedings.
Docket 164
Cited authorities
- 49 U.S.C. §305
- 18 U.S.C. § 1508
- Fed. R. Crim. P. 6
- 1 Stat. 73
- 18 U.S.C. § 5033