# United States ex rel. Catena v. Elias, 465 F.2d 765 (3d Cir. 1972)

Canonical: https://mobfiles.org/items/courtlistener-catena-v-elias-465-f2d-765/

After the Supreme Court reversed its 1971 judgment in light of Zicarelli, the Third Circuit rejects Gerardo Catena's remaining due-process objections to the New Jersey State Commission of Investigation and affirms the 1970 denial of his habeas petition.

Court of Appeals for the Third Circuit, No. 18855, opinion by Judge Van Dusen. The Supreme Court had reversed the 1971 en banc judgment ([449 F.2d 40](/items/courtlistener-catena-v-elias-449-f2d-40/)) on May 30, 1972, citing Zicarelli v. New Jersey State Commission of Investigation, which upheld the state's use-immunity statute. What remained were Catena's objections to the Commission's procedures.

The court compared the Commission to the United States Commission on Civil Rights in Hannah v. Larche, "a purely investigative and fact-finding governmental agency, which does not adjudicate," and held that the New Jersey Commission's procedures did not deny due process. It noted that he could still "purge himself of contempt by answering the propounded questions." The opinion "is filed in support of this court's order of July 26, 1972, affirming the March 20, 1970, district court order denying relator's petition for a writ of habeas corpus."

The opinion is about procedure. It does not describe what the Commission asked Catena or what it believed about him.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/305218/united-states-of-america-ex-rel-gerardo-catena-v-albert-elias/