The Sixth Amendment in the Bill of Rights states that criminal prosecutions require the defendant "... to be informed of the nature and cause of the accusation...and to have the Assistance of Counsel for his defence."

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.

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.

The Court's majority opinion began by evaluating the Michigan one-man grand jury process, calling it "unique" and "peculiar."

The Michigan grand jury law, however, impermissibly mixed this traditional investigative function with circuit court conviction and punishment.