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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- UNITED STATES v. WILLIAMS
- certiorari to the united states court of appeals for
- the tenth circuit
- No. 90-1972. Argued January 22, 1992-Decided May 4, 1992
-
- Respondent Williams was indicted by a federal grand jury for alleged
- violations of 18 U.S.C. 1014. On his motion, the District Court
- ordered the indictment dismissed without prejudice because the
- Government had failed to fulfill its obligation under Circuit precedent
- to present ``substantial exculpatory evidence'' to the grand jury.
- Following that precedent, the Court of Appeals affirmed.
- Held:
- 1.The argument that the petition should be dismissed as improvi-
- dently granted because the question presented was not raised below
- was considered and rejected when this Court granted certiorari and
- is rejected again here. The Court will not review a question that was
- neither pressed nor passed on below, see e. g., Stevens v. Department
- of Treasury, 500 U.S. ___, ___, but there is no doubt that the Court
- of Appeals passed on the crucial issue of the prosecutor's duty to
- present exculpatory evidence to the grand jury. It is appropriate to
- review an important issue expressly decided by a federal court where,
- as here, although the petitioner did not contest the issue in the case
- immediately at hand, it did so as a party to the recent proceeding
- upon which the lower courts relied for their resolution of the issue,
- and did not concede in the current case the correctness of that
- precedent. Pp.3-9.
- 2.A district court may not dismiss an otherwise valid indictment
- because the Government failed to disclose to the grand jury ``substan-
- tial exculpatory evidence'' in its possession. Pp.9-19.
- (a)Imposition of the Court of Appeals' disclosure rule is not
- supported by the courts' inherent ``supervisory power'' to formulate
- procedural rules not specifically required by the Constitution or the
- Congress. This Court's cases relying upon that power deal strictly
- with the courts' control over their own procedures, whereas the grand
- jury is an institution separate from the courts, over whose function-
- ing the courts do not preside. Any power federal courts may have to
- fashion, on their own initiative, rules of grand jury procedure is very
- limited and certainly would not permit the reshaping of the grand
- jury institution that would be the consequence of the proposed rule
- here. Pp.9-14.
- (b)The Court of Appeals' rule would neither preserve nor
- enhance the traditional functioning of the grand jury that the ``com-
- mon law'' of the Fifth Amendment demands. To the contrary,
- requiring the prosecutor to present exculpatory as well as inculpatory
- evidence would alter the grand jury's historical role, transforming it
- from an accusatory body that sits to assess whether there is adequate
- basis for bringing a criminal charge into an adjudicatory body that
- sits to determine guilt or innocence. Because it has always been
- thought sufficient for the grand jury to hear only the prosecutor's
- side, and, consequently that the suspect has no right to present, and
- the grand jury no obligation to consider, exculpatory evidence, it
- would be incompatible with the traditional system to impose upon the
- prosecutor a legal obligation to present such evidence. Moreover,
- motions to quash indictments based upon the sufficiency of the
- evidence relied upon by the grand jury have never been allowed, and
- it would make little sense to abstain from reviewing the evidentiary
- support for the grand jury's judgment while scrutinizing the sufficien-
- cy of the prosecutor's presentation. Pp.14-18.
- (c)This Court need not pursue respondent's argument that the
- Court of Appeals' rule would save valuable judicial time. If there is
- any advantage to the proposal, Congress is free to prescribe it.
- Pp.18-19.
- 899 F.2d 898, reversed and remanded.
-
- Scalia, J., delivered the opinion of the Court, in which Rehnquist,
- C. J., and White, Kennedy, and Souter, JJ., joined. Stevens, J., filed
- a dissenting opinion, in which Blackmun and O'Connor, JJ., joined,
- and in Parts II and III of which Thomas, J., joined.
-