
United States v. Taylor
United States Court of Appeals for the Seventh Circuit
728 F.2d 930 (1984)
Howard Taylor was tried and convicted of bank robbery with a dangerous weapon and of bank robbery. Two other men, David Neff and Kenneth Tudor, were allegedly involved in the same robbery; Tudor was granted immunity and was never indicted, while the government initially offered Neff statutory use immunity in exchange for truthful grand jury testimony. During Taylor's trial, the prosecution informed the court it had decided to revoke Neff's immunity after receiving information that Neff had committed perjury before the grand jury, and Neff's attorney indicated that Neff would invoke his Fifth Amendment privilege if called to testify. Taylor's attorney moved to compel the prosecution to reinstate Neff's use immunity, arguing the government's real motive for revoking it was to prevent Neff from giving testimony favorable to Taylor.
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.