Legal Opinion
United States v. Clara Nemes
Court of Appeals for the Second Circuit
Decided May 16, 1977No. 926, Docket 76-1584PublishedCited by 54 opinions
1Opinion of the Court
NEWMAN, District Judge:
This appeal involves the federal prosecution of a defendant who had previously testified under a grant of state immunity, thereby acquiring the equivalent of use immunity in relation to the federal prosecution. The principal issue is whether the Government satisfies its burden of showing that its evidence has been derived from sources independent of the immunized testimony simply by denying that federal officials have seen or used the immunized testimony. We hold that such a denial is insufficient.
Appellant Clara Nemes was charged in a federal indictment with conspiring…
2Cases cited15 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
- United States v. Barbara HintonCourt of Appeals for the Second Circuit · 1977
- United States v. Shotwell Manufacturing Co.Supreme Court of the United States · 1957
- United States v. Harry KurzerCourt of Appeals for the Second Circuit · 1976
10 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- United States v. Anthony Provenzano, Stephen Andretta, and Thomas AndrettaCourt of Appeals for the Third Circuit · 1980
- United States v. Leona M. Helmsley, Joseph v. Licari and Frank J. Turco, Leona M. HelmsleyCourt of Appeals for the Second Circuit · 1991
- United States v. Alfredo Diaz, Eradio Perez, and Jose Alfanso RianoCourt of Appeals for the Second Circuit · 1989
- United States v. Albert TantaloCourt of Appeals for the Second Circuit · 1982
- United States v. Amos PinoCourt of Appeals for the Tenth Circuit · 1983
49 more not listed; retrieve them via the Exa API.