On September 11, 1946 William Oliver was summoned by subpoena to a grand jury in Oakland County, Michigan. Circuit Court Judge George B. Hartrick had been appointed as a one-man secret grand jury to investigate organized crime participation in local gambling and public corruption. A local pinball operator, Oliver was examined under oath as a witness and was not accused of any crime or represented by an attorney. At the conclusion of his testimony, Hartrick and two other circuit judges agreed that Oliver had given "false and evasive answers" to Hartrick's questions. Without pausing the proceeding or permitting Oliver counsel, Hartrick convicted Oliver of contempt of court and sentenced him to 60 days in the county jail. After three days, Oliver was able to secure an attorney who filed for writs of Habeas corpus and certiorari to the Michigan Supreme Court challenging the conviction. Because Michigan state law authorizing the one-man grand jury proceedings allowed judge/grand jury to punish contempt at their sole discretion, The Michigan Supreme Court dismissed Oliver's due process claims as being "without merit" and upheld the conviction and sentence.
Decision
The United States Supreme Court took the case in part to decide if, contrary to the lower Court's opinion, the Sixth Amendment protections applied to state court hearings. The Court's majority opinion began by evaluating the Michigan one-man grand jury process, calling it "unique" and "peculiar." The Court had long accepted that grand juries, operating as investigative tools, needed and were allowed to operate in secrecy. The Michigan grand jury law, however, impermissibly mixed this traditional investigative function with circuit court conviction and punishment. It held that:
The failure to afford Oliver a reasonable opportunity to defend himself against the contempt charge was a denial of due process of law
The Michigan Supreme Court and Oakland County Circuit Court rulings were overturned. Justice Black likened the Michigan grand jury's discretionary contempt convictions to English Star Chamber secret convictions and French pre-Revolutionary lettres de cachet allowing imprisonment without the opportunity for defense.
Michigan later eliminated one-person grand juries. Michigan law currently requires citizen's grand juries presided over by a circuit judge. This case was later cited by,,,, and.
