Legal Opinion
State v. Allard
Supreme Court of Vermont
Decided December 19, 1997No. 96-587PublishedCited by 8 opinions
1Opinion of the CourtDooley, J.
This case raises the single issue of whether the provision of use and derivative use immunity to a reluctant witness pursuant to 12 V.S.A. § 1664(a) is consistent -with the self-incrimination privilege established by Chapter I, Article 10 of the Vermont Constitution. We hold that it is consistent as long as “derivative use” is defined sufficiently broadly to provide equivalent protection to that provided by the privilege and certain procedural protections are afforded. We affirm.
The State charged defendant, Shawn Ely, with the second-degree murder of Eddie Billings, a two-year-old child, and…
2Cases cited48 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
- Press-Enterprise Co. v. Superior Court of Cal., County of RiversideSupreme Court of the United States · 1986
- Counselman v. HitchcockSupreme Court of the United States · 1892
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3Cited by8 opinions
- Chittenden Town School District v. Department of EducationSupreme Court of Vermont · 1999
- State v. PetersonSupreme Court of Vermont · 2007
- State v. RheaumeSupreme Court of Vermont · 2004
- State v. Tisa FarrowSupreme Court of Vermont · 2016
- State v. BeardWest Virginia Supreme Court · 1998
3 more not listed; retrieve them via the Exa API.