State v. Vallejos

OPINION

MONTGOMERY, Chief Justice.

This case involves the subject of “use,” or “derivative use,” immunity granted to a witness compelled to testify at a hearing or other proceeding when the witness is also accused of a crime and therefore entitled to the protection afforded by the privilege against self-incrimination. We discussed the subject in State v. Munoz, 103 N.M. 40, 702 P.2d 985 (1985), in which we adopted the principles outlined in Kastigar v. United States, 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972) (upholding constitutionality of federal use immunity statute). In Munoz we…