State ex rel. Nothum v. Walsh

The majority opinion holds that § 513.380, RSMo 2000, provides only “use immunity” and that “there is no evidence that the Missouri legislature intended by its use to convert the statute’s express grant of authority to provide use immunity into an implied grant of authority to provide transactional immunity,” “nor does the statute use the language other state and federal statutes utilize in providing for derivative use immunity.” Op. at 565-66, 569.

I respectfully dissent because I would look at every word in the sentence defining the immunity to determine the scope of the immunity the…