June 16, 2014 4th Circuit published opinion

Under Seal v United States

John Doe moved to quash his grand jury subpoena arguing it violated the parent-child privilege under Federal Rules of Evidence 501. The district court granted his motion. The panel reversed. Noting that the privilege had been uniformly rejected by federal courts of appeal, the panel held that this case did not support recognition of privilege as Doe is 19, would not suffer any negative consequences form testifying, is the only adult witness available to testify to the facts of the incident, may not be required to give testimony damaging to his father and the strong policy of making everyone’s testimony available to parties is not served by recognizing the privilege.

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