Does a federal district court have the power to grant immunity to a defense witness?
MultiRegion, United States of America
The following excerpt is from U.S. v. Touw, 769 F.2d 571 (9th Cir. 1985):
1 We do not presume that a district court may grant defense witness immunity or compel the government to do so. United States v. Mendia, 731 F.2d 1412, 1414 (9th Cir.), cert. denied, --- U.S. ----, 105 S.Ct. 509, 83 L.Ed.2d 399 (1984). We have suggested, however, that dismissal may be a proper remedy when prosecutorial misconduct creates defense witness unavailability. Lord, 711 F.2d at 892. There was no such misconduct here.
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