Notes
Matches 3,751 to 3,800 of 57,291
| # | Notes | Linked to |
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| 3751 | 28 May 1901 Watseka, Iroquois, Illinois, USA Murdered by son-in-law Burton A. Maggee when he set fire to the house; also killed were his wife, Hattie, and little son, Calvin. | Drollinger, Mary Jane (I17387)
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| 3752 | 28 May 1975 per Nancy Marie Trollinger-Sowers. | Baer, Robert Alan Paul (I24816)
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| 3753 | At least one living or private individual is linked to this note - Details withheld. | Trollinger, Natalie Ann (I33191)
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| 3754 | 29 Jun 1902 per his WWII DRC and headstone 29 Jun 1900 per his marriage record | Trullinger, George Edward (I37419)
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| 3755 | At least one living or private individual is linked to this note - Details withheld. | Aerni, Howard Olin (I26344)
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| 3756 | At least one living or private individual is linked to this note - Details withheld. | Huffman, CPT Guy Dingus (I41231)
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| 3757 | 2nd marriage Washington State Archives - Digital Archives Lincoln Marriage Records - George M Drollinger - Myrtle Jarrett Record Series: Marriage Records Collection: Lincoln Marriage Records County: Lincoln Document No. : ealinmcu2533 Groom's Name: George M Drollinger Bride's Name: Myrtle Jarrett Marriage Date: 4/9/1919 12:00:00 AM Filing Date: 5/10/1919 12:00:00 AM County: Lincoln | Family: George Martin Drollinger / Myrtle M. Jarrett (F4609)
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| 3758 | At least one living or private individual is linked to this note - Details withheld. | Family: Daniel "Dan" Barth / Cynthia Ruth "Cindy" Trullender (F11657)
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| 3759 | 2nd wife of David | Family: S1 David Monroe McQuarrie / Ella Frances Tuel (F12446)
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| 3760 | At least one living or private individual is linked to this note - Details withheld. | Trollinger, Dillon Nicholas (I25381)
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| 3761 | 3 Colby residents die in car wreck ELWOOD, Neb. - Three Colby residents were killed early Saturday on US283 when the pickup truck in which they were riding left the road and slammed into a ditch about 8 miles south of here. Dead are Twila K. Brogan, 19, identified by the Nebraska State Patrol as the driver; Marlene F. Drullinger, 37, and Brenda Drullinger, 12, Marlene's daughter. Injured but in satisfactory condition later Saturday in a Cambridge, Neb., hospital were Richard Drullinger, 17, son of Mrs, Drullinger, and Lori Holm, 10, Colby, a friend of Brenda's. Young Drullinger suffered broken ribs; Lori suffered a broken arm. The Drullinger pickup was headed north, according to lawmen, when the driver apparently lost control. The vehicle came to a rest on the west side of the highway against an embankment. The dead were taken to an Arapahoe Neb., funeral home. Funeral arrangements are pending at the Harrison funeral home, Colby. Elwood is about 50 miles north Norton, Kas. The Salina Journal, Sunday, September 12, 1976 | Anderson, Marlene Faye (I17729)
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| 3762 | 3 Colby residents die in car wreck ELWOOD, Neb. - Three Colby residents were killed early Saturday on US283 when the pickup truck in which they were riding left the road and slammed into a ditch about 8 miles south of here. Dead are Twila K. Brogan, 19, identified by the Nebraska State Patrol as the driver; Marlene F. Drullinger, 37, and Brenda Drullinger, 12, Marlene's daughter. Injured but in satisfactory condition later Saturday in a Cambridge, Neb., hospital were Richard Drullinger, 17, son of Mrs, Drullinger, and Lori Holm, 10, Colby, a friend of Brenda's. Young Drullinger suffered broken ribs; Lori suffered a broken arm. The Drullinger pickup was headed north, according to lawmen, when the driver apparently lost control. The vehicle came to a rest on the west side of the highway against an embankment. The dead were taken to an Arapahoe Neb., funeral home. Funeral arrangements are pending at the Harrison funeral home, Colby. Elwood is about 50 miles north Norton, Kas. The Salina Journal, Sunday, September 12, 1976 | Drullinger, Brenda Marlene (I17762)
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| 3763 | At least one living or private individual is linked to this note - Details withheld. | Trollinger, Elizabeth Jane "Betsy" (I33190)
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| 3764 | 3 Die in Orange After Car Skids off Wet Freeway January 15, 1990 ORANGE - Three friends whose apparent desire for fun overcame warnings that it was too dangerous to drive were killed Sunday when their high-powered Ford Mustang convertible veered out of control on the rain-slicked Garden Grove Freeway and overturned. Scott A. Dowling, 18, of Cypress; Jeffrey D. Trollinger, 19, of Garden Grove, and Dana P. Conner, 22, of Riverside died about 3:20 a.m., shortly after they snatched the car keys from a friend at a party who feared for their safety. "I tried to tell them not to go," said Dan Pryor, Trollinger's best friend. "It was raining, it was late and the car was powerful. But Scott grabbed the keys and took off. Now, no one's going to drive it. They shouldn't make cars that powerful." Dowling, a member of the football, wrestling and track teams at Pacifica High School in Garden Grove, was a friend of Trollinger, who graduated from Pacifica in 1988. Conner had just moved from Garden Grove to a new home in Riverside and knew Trollinger from work at a McDonald's restaurant. | Trollinger, Jeffery Dale (I26192)
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| 3765 | 3 Jun 1861 Age: 21 Book E Page 325, Lawrence, IL, CLARK, GABRIEL to UNDERWOOD, LAVINA 03/06/1861 E /325 28 LAWRENCE | Family: Gabriel Clark / Lavina Ann "Vina" Underwood (F12161)
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| 3766 | 3 May 1952, Marion Star Mrs. Homer Doan Mrs. Cora Doan, 68, of 143 1/2 Garden St., died at 7:45 p.m. Friday in City Hospital. She was ill a week. Born July 17, 1883, in Grove City, she was a daughter of Samuel J. and Mary E. Duff Haughn. She was married to Henry Drollinger who died in 1933. Her later marriage was to Homer Doan who preceded her in death also, a few years ago. She was a member of the auxiliary to the Eagles Lodge. Surviving is a brother, John Haughn of Delaware. Funeral services will be conducted Monday at 1:30 p.m. in the Schaffner-Denzer Funeral Home on E. Center St. The Rev. M. E. Hollensen will officiate. Burial will be in Marion Cemetery. Friends may call at the funeral home after 7:30 tonight. | Haughn, Cora E. (I15779)
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| 3767 | 3 OCT 1839 At the bride's house. Performed by Rev. John Grayson Cecil. | Family: John Trolinger, Jr. / Mary Grayson Wygal (F320)
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| 3768 | 3 Oct 1918 per himself on his WWI DRC. 23 Oct 1918 per his headstone and military service discharge record North Carolina, Birth and Death Indexes Name: Trolinger Race: Colored (Black) Event Type: birth Birth Date: 1918 Birth County: Alamance Parent1 Name: Tildy Trolinger Roll Number: NCVR_B_C001_66001 Volume: 6 Page: 596 | Trollinger, SGT James Curtis "JC" Sr. (I24328)
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| 3769 | 3 Sep 1893 per her headstone. | Simonton, Florence Viola (I17647)
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| 3770 | At least one living or private individual is linked to this note - Details withheld. | Trollinger, Bowman Garrett (I25380)
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| 3771 | 30 in 1900 census Allegheny Ward 5, Allegheny City PA 40 in 1910 census East McKeesport PA | Dodge, Harry Lynn (I6733)
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| 3772 | At least one living or private individual is linked to this note - Details withheld. | Trollinger, Teresa Dawn (I31378)
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| 3773 | 30 Sep 1962 per Nancy Marie Trollinger-Sowers. | Higgins, Melanie Marie (I35647)
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| 3774 | 3014 Clippership Dr Stafford, VA 22554-2612 (540) 720-1734 He was a WWII pilot, Korean War fighter pilot, commercial airline pilot and commercial pilot for NASA. He taught all five of his children to fly! | Drollinger, Robert Leo "Bob" (I12315)
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| 3775 | At least one living or private individual is linked to this note - Details withheld. | Druelinger, Nicholas David "Nick" (I20308)
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| 3776 | 31 Dec 1903 per Mary's obituary. The Tennessean Nashville, Tennessee · Wednesday, January 20, 1904 SHELBYVILLE, Tenn., Jan. 19. - John Trollinger, of this place, and Miss Mary Agnes McDonald were married at the home of the bride in AmorIlla[sic], Tex. | Family: John Ralph Trolinger / Mary Agnes McDonald (F3987)
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| 3777 | At least one living or private individual is linked to this note - Details withheld. | Radford, Brandan Joshua (I15491)
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| 3778 | 31 Jul 1877 is her calculated birth date using the data inscribed on her headstone. | Trolinger, Mary Jane (I1480)
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| 3779 | 31 Mar 1871 New Carlisle, Indiana per Frances A. "Fran" Druliner. | Druliner, Rev Frank Milton (I11314)
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| 3780 | 31 Mar 1899 per WWI DRC | Albaugh, Clifford Orville (I8538)
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| 3781 | At least one living or private individual is linked to this note - Details withheld. | Claver, Nancy Lee (I30825)
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| 3782 | 32 in 1850 census living one family away from John, 38, and ElizabethNoggle, 35, with Barbara Drollinger, 72, living with them | Mikesell, Daniel (I12563)
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| 3783 | At least one living or private individual is linked to this note - Details withheld. | Rice, Linda Lucille (I41813)
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| 3784 | At least one living or private individual is linked to this note - Details withheld. | Carpenter, Jason Verl (I40880)
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| 3785 | At least one living or private individual is linked to this note - Details withheld. | Rasmussen, James Richard "Jim" (I39422)
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| 3786 | At least one living or private individual is linked to this note - Details withheld. | Rumford, Jonathan William (I15176)
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| 3787 | At least one living or private individual is linked to this note - Details withheld. | Trollinger, Carol Lee (I28122)
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| 3788 | 34 Cameo Rd Claymont, DE 19703 from 2006 - Present (2024) United States Public Records Name Cathy A Grieco Alias Catherine Ann Grieco Birth Date 24 Jul 1954 Previous Residence Date 18 Jul 2001 Previous Residence Newark, Delaware 19711 Previous Residence Postal Code 19711 Second Previous Residence Place New Castle, Delaware 19720 Second Residence Postal Code 19720 Second Residence Date 01 Jan 1998-01 Jan 2000 Third Previous Residence Place Wilmington, Delaware 19801 Third Residence Postal Code 19801 Third Residence Date 1 Feb 1987 Event Type Residence Event Date 18 Jul 2001 Event Place Newark, New Castle, Delaware, United States | Grieco, Catherine Ann "Cathy" (I33408)
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| 3789 | 348 Bainbridge St. | Juling, Sophia E. C. "Sophie" (I29314)
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| 3790 | At least one living or private individual is linked to this note - Details withheld. | Wilson, Rosa V. (I4827)
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| 3791 | 3rd marriage Probably married in Long Beach, CA. Ancestry.com Historical Newspapers, Birth, Marriage, & Death Announcements,1851-2003 Marriage > Los Angeles, California > 1942 > 498 VITAL RECORD INTENTION TO MARRY The following notices of intention to marry were issued yesterday, Name, age and address given: DROLLINGER--VESPER. George M., 54, 1256 E. Broadway, Long Beach; Aurelie M., 4514558 Sylvan, Van Nuys. | Family: George Martin Drollinger / Aurelia M. Vesper (F4610)
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| 3792 | At least one living or private individual is linked to this note - Details withheld. | Aerni, Gary Elden (I26345)
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| 3793 | 4 May 1929 per their shared headstone. Missouri, Marriage Records Name: Myrtle Trollinger Marriage Date: 3 May 1929 Marriage Place: Reynolds, Missouri, USA Registration Place: Reynolds, Missouri, USA Spouse: Cecil Nelson | Family: Cecil Charles Nelson / Myrtle Marie Trollinger (F4062)
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| 3794 | 4 Oct 1916 Reynolds, Missouri per his WWII DRC. | Trollinger, George Raymond (I22057)
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| 3795 | 4/13/1966 - 9/14/2021 Derby Douglas D. Evers of Derby, Ks, age 55, died in his home on September 14, 2021. Doug was born in Lawrence, KS on April 13, 1966 to Lona Marie Holman Evers and Roger Evers. Doug grew up in Lawrence, enjoying various sports. He played basketball for Lawrence High and graduated from there in 1984 before joining the Navy. During his 8 years of service in the Navy, he famously learned to discipline himself with lists and time management techniques. He used what he learned in the Navy to help him obtain a Bachelors degree from Emporia State University in Education with a double major in Physical Education and Business Education. He later obtained a Masters degree from Benedictine College and began working on his Doctorate in School Administration. He worked the last 14 years at Mulvane High School as the Athletic Director, Assistant Principal, and basketball coach. In his spare time, he obtained his realtors license and joined JP Weigand in 2018. Doug was a devoted son, brother, uncle, friend, coach, teacher, and colleague. He enjoyed visiting, spending time with and caring for family and friends. His hobbies included going to auctions and collecting antiques, having morning coffee with friends, playing cards, going to the casino, coaching, and watching sports. He seemed to enjoy diving into difficult situations as a negotiator and problem-solver. He could tackle most any challenge with confidence, practical steps, and humor; making him a person who was sought in times of distress. He was always eager to learn new skills, teaching himself many that would help him complete projects that had been completely unfamiliar to him. He was independent, but enjoyed meeting new people and learning from them. He is survived by his mother, Lona Marie Thoene; his father and stepmother, Roger and Carolyn Evers; his brother and sister-in-law, Kevin and Rawya Evers; his brother and sister-in-law, Todd and Emily Trullinger; his brother, Ryan Trullinger; his step brothers, Rich Duncan and Aaron Gaddis; his step-sister, Leah Gaddis; his nieces and nephews, Daniel, Eden, Jasmine, and Joseph Evers, Landon, Kyler, and Jaxton Trullinger, and Gwen, Adeline, and Ilana Deters; many loved cousins from the Evers and Holman families, along with countless other family and friends. He was preceded in death by his grandparents, Harold and Mary Holman and Claude and Dorothy Evers; his aunt, Shirley Becker; and his step-father, Jerry Trullinger. A Celebration of life ceremony is scheduled for 4:00pm-7:00pm on Oct. 16, 2021 at Chicken N Pickle in Wichita, KS (Visit this link for celebration details). In lieu of flowers, donations and condolences can be offered to the Douglas Evers Memorial Foundation at Carson Bank. | Holman, Lona Marie "Lorea" (I18836)
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| 3796 | 4/7/1924 In Memoriam Funeral services for W.H. Trolinger, 63 years old, 2206 Hickory street, who died Saturday at a city hospital will be conducted Monday afternoon at 2 o'clock by Rev. J.A. Huff at Perrine and McAtee's chapel. Burial will be in Fairlawn cemetery. [The Oklahoman] | Trolinger, William Henry "Will" (I6657)
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| 3797 | 401 S. Burnside Ave #1L, Los Angeles, CA 90036 (213-930-1800) U.S., School Yearbooks Name: Robert Drollinger Estimated Age: 20 Birth Year: abt 1927 Yearbook Date: 1947 School: University of Southern California School Location: Los Angeles, California Yearbook Title: El Rodeo California, Voter Registrations Name: Robert L Drollinger Residence Year: 1954 Street address: 231 S Orange dr Residence Place: Los Angeles, California, USA Party Affiliation: Republican Historical Newspapers, Birth, Marriage, & Death Announcements, 1851-2003 Newspaper: Los Angeles Times (1886-Current File) Event: Marriage Publication: 3 Jun 1949 - Los Angeles, California ENGAGEMENTS DROLLINGER-COMER Joyce Estelle Comer, daughter of Dr. Grace E. Comer of Laguna Beach, to Robert Lewinn Drollinger, son of Mrs. Ella Drollinger. Miss Comer, a Delta Deltal Delta, is a student at SC. Her fiance attended SC and is a Sigma Chi. USA v DROLLINGER UNITED STATES OF AMERICA, No. 94-56754 Petitioner-Appellee, D.C. No. v. CV-94-00620-R ROBERT L. DROLLINGER, OPINION Respondent-Appellant. Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding Argued and Submitted September 12, 1995--Pasadena, California Filed April 5, 1996 Before: James R. Browning and Harry Pregerson, Circuit Judges, and Jack E. Tanner, , District Judge. Per Curiam COUNSEL James T. Duff, Duff & Smith, Los Angeles, California, for the respondent-appellant. Gary R. Allen and Patricia Bowman, Tax Division, United States Department of Justice, Washington, D.C., for the petitioner-appellee. OPINION PER CURIAM: Robert Drollinger appeals a district court order remanding him to custody for civil contempt for failing to comply with two Internal Revenue Summonses. 1 We vacate the order and remand for further proceedings. I. To determine Drollinger's federal tax liability for the years 1977 through 1992, the Internal Revenue Service (IRS) issued and served two summonses directing Drollinger to appear for examination and produce certain documents. Drollinger did not appear. The district court ordered him to show cause why he should not be compelled to obey the summonses. Drollinger failed to appear at a hearing on the order to show cause. The district court issued an order enforcing the summonses. Drollinger appeared pursuant to the enforcement order, but did not testify or produce documents. Instead, Drollinger delivered an "opening statement," questioning the agents' authority and his liability and referring generally to the Fifth Amendment privilege against self-incrimination. 2 He later denied being a taxpayer, but told the agents he would "confess everything" if the court's order "superseded" the Fifth Amendment and asked the agents if it did. The parties then engaged in a general discussion as to whether producing documents would constitute compelled self-incrimination. Drollinger asked the agents to produce a "delegation of authority." No resolution was reached, and the meeting ended. At no time during the meeting did the IRS agents ask Drollinger specific questions relating to his tax liability. The district court ordered Drollinger to show cause why he should not be held in contempt and sanctioned for failing to comply with the enforcement order. Drollinger did not appear at the hearing on the order to show cause. The district court held him in contempt and ordered him arrested and incarcerated. The district court held several hearings regarding Drollinger's failure to purge himself from contempt. At the first purgation hearing, Drollinger's counsel expressed concern that the district court believed Drollinger had waived his Fifth Amendment privilege. Counsel informed the court that Drollinger might wish to raise the privilege with respect to specific questions when such questions were asked. The court responded that no specific questions were before the court and the court could not "rule in advance" whether it would sustain a claim of privilege. The court suggested the issue be resolved when specific questions were posed to Drollinger with counsel present. Drollinger then met with IRS officers and was asked specific questions. Drollinger answered some of the questions but invoked the Fifth Amendment on a question-by-question basis as to others. Drollinger also produced some, but not all, of the documents requested in the summonses. He did not invoke the Fifth Amendment privilege as to any documents. The district court released Drollinger on a bond, but ordered him to appear again before the IRS to give additional testimony and produce additional documents. Drollinger appeared with counsel. He declined to answer most questions on self-incrimination grounds; he produced no additional documents, saying he "couldn't find any." Drollinger petitioned the court for an order purging him from contempt. In his supporting memorandum, Drollinger said he had no additional documents and that an in camera hearing should be held regarding his claim of selfincrimination. The district court asked Drollinger's counsel if Drollinger was going to "insist on maintaining himself in terms of the Fifth Amendment." Counsel said yes. The court responded, "Then he's going to jail," and remanded Drollinger to custody for civil contempt. Drollinger appeals this order. 3 II. The Government contends Drollinger is precluded by res judicata from asserting a Fifth Amendment claim in defense of his refusal to provide oral testimony. We conclude that although Drollinger failed to timely appeal both the district court's original enforcement order and initial order holding him in contempt, his claim of privilege is not barred. A claim of Fifth Amendment privilege may be asserted if there are "substantial hazards of self-incrimination that are real and appreciable, not merely imaginary and unsubstantial," that information sought in an IRS summons might be used to establish criminal liability. United States v. Rendahl, 746 F.2d 553, 555 (9th Cir. 1984) (quoting United States v. Neff, 615 F.2d 1235, 1239 (9th Cir. 1980)) (internal quotations omitted). The defendant must have "`reasonable cause to apprehend [such] danger from a direct answer' to questions posed to him." Neff, 615 F.2d at 1239 (quoting Hoffman v. United States, 341 U.S. 479, 486 (1951)). In determining whether a real and appreciable danger of incrimination exists, the trial court must examine "the questions, their setting, and the peculiarities of the case." Neff, 615 F.2d at 1240.4 As we have held, "[a] proper application of this standard requires that the Fifth Amendment be raised in response to specific questions propounded by the investigating body." United States v. Pierce, 561 F.2d 735, 741 (9th Cir. 1977). Only after an invocation of the privilege with respect to a specific question can a reviewing court determine whether a responsive answer might lead to injurious disclosures. Id.; see also United States v. Bell, 448 F.2d 40, 42 (9th Cir. 1971). Thus, "[t]he only way the Fifth Amendment can be asserted as to testimony is on a question-by-question basis." United States v. Bodwell, 66 F.3d 1000, 1001 (9th Cir. 1995). A taxpayer must "present himself for questioning, and as to each question elect to raise or not to raise the defense. The District Court may then determine by considering each question whether, in each instance, the claim of self-incrimination is well-founded." Bell, 448 F.2d at 42. The availability of Drollinger's Fifth Amendment claim turns on whether that claim was or could have been litigated in prior proceedings. Bodwell, 66 F.3d at 1001. Drollinger did not appear at the enforcement proceedings and did not appeal the enforcement order. Failure to appeal a final order enforcing an IRS summons does not necessarily bar raising the Fifth Amendment privilege in contempt proceedings. Rendahl, 746 F.2d at 555. A defendant who does not appear cannot properly assert the Fifth Amendment in response to particular questions. Id. Thus, Drollinger's Fifth Amendment challenge would have been premature on appeal from the enforcement order. Id. Similarly, Drollinger did not relinquish his Fifth Amendment claim by failing to appear at the initial contempt proceedings or timely appeal the initial order of contempt. Drollinger made himself available at the compliance meeting, but could not have invoked the privilege on a question-byquestion basis because no relevant and specific questions were asked. Bodwell, 66 F.3d at 1002 n.1 (citing United States v. Argomaniz, 925 F.2d 1349, 1356 (11th Cir. 1991)); accord United States v. Theep, 502 F.2d 797, 799 (9th Cir. 1974) (IRS agent failed to make the specific inquiries required to afford appellants the opportunity to make appropriate objections). Even if Drollinger had appeared at the subsequent contempt hearing, litigation of his Fifth Amendment claim still would have been premature. 5 As the district court acknowledged at the first purgation hearing, it could not rule in advance on specific questions that had not yet been asked. Because Drollinger did not have an earlier opportunity to answer specific questions, he was entitled to raise and litigate his Fifth Amendment claim when those questions were finally asked during the purgation proceedings. III. On the first occasion on which the Government asked Drollinger specific questions, Drollinger properly invoked the Fifth Amendment privilege on a question-by-question basis. Since Drollinger was not precluded from raising the privilege at this time, the district court should have undertaken a particularized inquiry into the merits of his claim. 6 As the Eleventh Circuit held in United States v. Argomaniz, the required inquiry is best made in an in camera proceeding, where the defendant is given "the opportunity to substantiate his claims of the privilege and the district court is able to consider the questions asked and the documents requested by the summons." 925 F.2d at 1355. We therefore remand to permit the district court to conduct a hearing regarding the validity of Drollinger's Fifth Amendment objections as to each specific question posed by the IRS. IV. The Government contends the renewed order of contempt was also based on Drollinger's failure to produce additional documents. Drollinger claims he turned over all the documents he possessed. Present inability to comply is a complete defense to civil contempt. United States v. Rylander, 460 U.S. 752, 757 (1983). Drollinger has the burden of producing evidence of his present inability to turn over the documents the IRS still seeks. Id. Ability to comply is the crucial inquiry, and "a court should weigh all the evidence properly before it determines whether or not there is actually a present ability to obey." Donovan v. Mazzola, 761 F.2d 1411, 1418 (9th Cir. 1985) (citations omitted). The district court made no finding regarding Drollinger's ability to comply despite affidavits by Drollinger explaining that many of his records have been lost or discarded over the years and describing his unsuccessful efforts to locate additional documents. It will be pointless to demand that Drollinger produce the additional documents if production of those documents is factually impossible. Rylander, 460 U.S. at 757 . Accordingly, we remand for the district court to determine, based on any evidence the parties may wish to present, whether Drollinger has purged himself from contempt with respect to documents. [...] The December 6, 1994 order remanding Drollinger to custody for contempt is VACATED, and the cause REMANDED for further proceedings consistent with this opinion. Footnotes [ Footnote 1 ] On April 28, 1995, Drollinger filed a voluntary petition for bankruptcy under Chapter 11 of the Bankruptcy Code in United States Bankruptcy Court for the Central District of California (No. LA95-20765LF). This petition was dismissed on July 19, 1995, and has no impact on the appeal. [ Footnote 2 ] Drollinger's "opening statement" included the following: . . . I'd like to enter on the record that the federal constitutional provision that no one can be compelled to be a witness against himself must be applied in a broad spirit to secure immunity against self-accusation . . . . . . . The thought occurs to me and should occur to you by now that this opening statement . . . is demonstrated and showing cause why testimony and production . . . should not be compelled . . . . [ Footnote 3 ] Only Drollinger's appeal from the renewed order of contempt is properly before us. Drollinger's appeals from other orders are either taken from an unappealable order, Steinert v. United States, 571 F.2d 1105, 1107 (9th Cir. 1978) (compliance order is not appealable); untimely; or abandoned due to failure to argue in Drollinger's briefs, Collins v. City of San Diego, 841 F.2d 337, 339 (9th Cir. 1988). [ Footnote 4 ] Relying on United States v. Carlson, 617 F.2d 518 (9th Cir. 1980), the Government argues that, whether or not Drollinger can establish a real and appreciable risk of incrimination, public policy precludes application of the Fifth Amendment because Drollinger is a tax protestor. Carlson held that "an individual who seeks to frustrate the tax laws by claiming too many withholding exemptions, with an eye to covering that crime and evading the tax return requirement by assertion of the Fifth Amendment, is not entitled to the amendment's protection." 617 F.2d at 523. Although Drollinger failed to file returns, there is no evidence he engaged in such a calculated scheme to evade the law. Moreover, this court has consistently applied the Fifth Amendment in analogous contexts involving IRS investigations into civil tax liability. See e.g., United States v. Bodwell, 66 F.3d 1000 (9th Cir. 1995); United States v. Rendahl, 746 F.2d 553 (9th Cir. 1984). Even if Carlson were applicable, it is limited to taxpayer claims of fear of prosecution for past tax crimes. Drollinger fears prosecution for both tax and non-tax crimes. [ Footnote 5 ] Drollinger did not preclude the IRS agents from asking specific questions by making a repeated or unequivocal blanket refusal to answer any question as the taxpayers did in United States v. Brown, 918 F.2d 82, 84 (9th Cir. 1990) (appellant made repeated refusal to answer any questions though he could have made a question-by-question claim of privilege); and United States v. Pierce, 561 F.2d 735 (9th Cir. 1977) (witness made improper blanket assertion of Fifth Amendment privilege by refusing to testify as to his financial condition). Drollinger appeared at the compliance meeting as ordered, with documents, and showed a willingness to answer questions that would not subject him to self-incrimination. In such circumstances, it was incumbent upon the Government to ask specific questions. The Government inquired regarding possible documents, but did not ask Drollinger specific questions regarding his tax liability. The Government cannot now claim Drollinger asserted a blanket refusal to provide oral testimony. [ Footnote 6 ] See Neff, 615 F.2d at 1239-40; United States v. Allee, 888 F.2d 208, 214 (1st Cir. 1989) ("[I]f the district court finds that [the defendant] interposed an objection, based on the Fifth Amendment privilege against selfincrimination, on a question-by-question . . . basis, it must evaluate the validity of such objection on the same particularized basis."); Argomaniz, 925 F.2d at 1355 (quoting United States v. Melchor Moreno, 536 F.2d 1042, 1049 (5th Cir. 1976)) ("A court must make a particularized inquiry, deciding, in connection with each specific area that the questioning party wishes to explore, whether or not the privilege is well-founded."). Tiger News 2010 Official Newsletter of The South Pasadena High School Alumni Association In Memoriam Listed below are Tigers who have been reported this past year as no longer with us. This list also includes some alumni who we have determined by research to have died since 2000 and who have not been listed previously. We send our condolences and best wishes to the families and loved ones of these classmates whom we shall not forget. Class of 1942 Robert Lewin (Bob) Drollinger 2/10/2008 | Drollinger, Robert Lewin (I8733)
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| 3798 | 41 in 1850 Tyler, Virginia census | Davis, Elizabeth (I8120)
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| 3799 | 42. BYRON BERTRAND13 BELDEN (GROVER L (IRA BELDEN)12 DROLLINGER,MARTIN VAN BUREN11, ELIAS10, FREDERICK9 TROLLINGER, JOHN8 DROLLINGER,ADAM DROLLINGER/7 TROLINGER, HANS MICHAEL6 DROLLINGER, MICHAEL5,WENDELIN4, MELCHOIR3, BERNHARDT2, DROLLINGER1 MAINLINE) was bornFebruary 06, 1919 in McKinley, Philippine Islands, and died August 29,1996 in Arden, Buncombe County, North Carolina. He married (1) BETTYJO ANN TRUBEY. He married (2) BEVERLY (--). Notes for BYRON BERTRAND BELDEN: Records -------- -- 1920 Census, Overseas Military, Philippine Islands [AH, 1 ] -- 1930 Census, HH 189, West Township, Columbia County, Ohio [AH, 11] -- 1996 Passed while in a nursing and rest home, wife living at thattime. -- Burial: August 31, 1996, Cremated, Fletcher, North Carolina -- SSN: 286-03-6644 Children of BYRON BELDEN and BETTY TRUBEY are: i. TERRY14 BELDEN. ii. RANDY BELDEN. (Data for BYRON BERTRAND BELDEN provided by Harry Benjamin Drollingerto David H. Drollinger via email on 25 Apr 2010) | Belden, Terry (I16144)
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| 3800 | 42. BYRON BERTRAND13 BELDEN (GROVER L (IRA BELDEN)12 DROLLINGER,MARTIN VAN BUREN11, ELIAS10, FREDERICK9 TROLLINGER, JOHN8 DROLLINGER,ADAM DROLLINGER/7 TROLINGER, HANS MICHAEL6 DROLLINGER, MICHAEL5,WENDELIN4, MELCHOIR3, BERNHARDT2, DROLLINGER1 MAINLINE) was bornFebruary 06, 1919 in McKinley, Philippine Islands, and died August 29,1996 in Arden, Buncombe County, North Carolina. He married (1) BETTYJO ANN TRUBEY. He married (2) BEVERLY (--). Notes for BYRON BERTRAND BELDEN: Records -------- -- 1920 Census, Overseas Military, Philippine Islands [AH, 1 ] -- 1930 Census, HH 189, West Township, Columbia County, Ohio [AH, 11] -- 1996 Passed while in a nursing and rest home, wife living at thattime. -- Burial: August 31, 1996, Cremated, Fletcher, North Carolina -- SSN: 286-03-6644 Children of BYRON BELDEN and BETTY TRUBEY are: i. TERRY14 BELDEN. ii. RANDY BELDEN. (Data for BYRON BERTRAND BELDEN provided by Harry Benjamin Drollingerto David H. Drollinger via email on 25 Apr 2010) | Belden, Randy (I16145)
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