State ex rel. Chaney v. Franklin

GARRISON, Judge.

Relator, Marvin L. Chaney (Defendant), is charged with first degree murder and kidnapping. Jess W. Rush (Rush) was also charged with the same crimes. Timothy McQueen gave a sworn statement to the Camden County Prosecutor (Prosecutor) and later testified for the State at the joint preliminary hearing for Defendant and Rush. When he was called to testify at Rush’s trial, McQueen refused to testify, but did not specifically invoke the Fifth Amendment.1

Defendant’s public defender later sought McQueen’s deposition. McQueen appeared at the deposition with another public defender…