State v. Schwin

OPINION

BRYNER, Chief Judge.

In November 1992, an Alaska grand jury-charged Peter A. Schwin with first-degree murder, robbery, and various other crimes stemming from a drug related homicide committed in January 1991. Schwin moved to dismiss, claiming that his state prosecution was barred by a federal grant of use and derivative use immunity he received in April 1992, when he was compelled to testify in a federal drug conspiracy prosecution arising from the January 1991 homicide. Following an evidentiary hearing, Superior Court Judge Karen L. Hunt found Schwin’s prosecution barred by Alaska’s…