Does Use and transactional immunity protect a witness against prosecution related to his compelled testimony?

California, United States of America


The following excerpt is from People v. Nieber, D073059 (Cal. App. 2019):

5. Use immunity protects a witness only against the actual use of his compelled testimony, and evidence derived therefrom, while transactional immunity protects the witness more broadly against prosecution related to matters about which the witness testified. (People v. Kennedy (2005) 36 Cal.4th 595, 613.)

Other Questions


In what circumstances will the prosecution of a witness in a criminal case involving compelled testimony differ from the prosecution related to matters about which he testified? (California, United States of America)
Is the court abused its discretion in refusing to protect a witness in a sexual assault case from the possibility that the prosecution witnesses in the case colluded to corroborate their testimony? (California, United States of America)
Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
Does a promise of immunity from prosecution in return for testimony from a witness in a criminal investigation constitute immunity? (California, United States of America)
Does immunity granted by a federal court grant a witness immunity from prosecution for later use of their testimony? (California, United States of America)
If the prosecution seeks to prove a prior conviction by presenting evidence against a person who is not a defendant in a civil case, can the prosecution rely on the testimony of a witness not in the witness box? (California, United States of America)
Does use immunity prevent use immunity from prosecution of witness testimony? (California, United States of America)
In assessing the prosecution's reasonable diligence in locating a missing witness so that it can use that witness's preliminary hearing testimony, does the prosecution need to conduct a "twofold inquiry"? (California, United States of America)
Does "transactional immunity" guarantee against prosecution for the implicated crime even if a witness's statements are used as evidence? (California, United States of America)
Can a protective order be made in a civil discovery proceeding granting witness immunity from prosecution? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.