What is the test for granting use immunity on the basis of a defendant's due process rights?
California, United States of America
The following excerpt is from People v. Aranda, 10 Cal. Daily Op. Serv. 12, 984, 115 Cal.Rptr.3d 917, 2010 Daily Journal D.A.R. 15, 597 (Cal. App. 2010):
The test for a judicial grant of use immunity on the basis of a defendant's due process rights contains three elements. The testimony must be clearly exculpatory, it must be essential and there cannot be a strong governmental interest that justifies its exclusion. ( People v. Stewart, supra, 33 Cal.4th at p. 469, 15 Cal.Rptr.3d 656, 93 P.3d 271.)
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