United States v. Janice Fortin and Richard Fortin

Appellants have been convicted of criminal contempt for refusing to testify in the criminal trial of one Donald Ward. At issue here is the question of whether or not their refusal to testify was protected by their privilege against self-incrimination under the Fifth Amendment. We hold that their refusal was protected and therefore reverse their convictions.

In May of 1981, appellants pled guilty in a federal district court in Georgia to charges of passing counterfeit currency. In the course of his Rule 11 proceeding, and at his sentencing, appellant Richard Fortin testified that he purchased…