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United States v. Taylor

United States Court of Appeals for the Seventh Circuit

728 F.2d 930 (1984)

Relevant factsFree

Taylor (defendant) and Neff were charged in connection with an armed robbery. The government initially offered Neff use immunity for truthful grand jury testimony, but during Taylor's trial the prosecution revoked that immunity after learning Neff may have perjured himself before the grand jury. Neff then said he would invoke his Fifth Amendment privilege if called at trial, making him unavailable, so the court allowed Taylor to introduce excerpts of Neff's grand jury testimony instead. Taylor moved to compel the government to reinstate Neff's immunity, arguing the real motive was to keep Neff from testifying favorably for Taylor; the court found no bad faith and declined to compel immunity. Taylor appealed, arguing this deprived him of a fair trial.

IssueFree

Whether due process requires a trial court to compel a grant of use immunity absent substantial evidence that the immunity decision constitutes a clear abuse of prosecutorial discretion in violation of the Fifth Amendment.

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