People v. Superior Court (Perry)

Opinion

HOLLENHORST, J.

In a letter to counsel for Perry, Hixon, and Greene, real parties in interest, the district attorney advised he had granted “limited use immunity” to the trio in expectation of their forthcoming testimony before the grand jury.

Mr. Polis responded that his clients would assert their Fifth Amendment rights notwithstanding the People’s grant of immunity. At the scheduled grand jury hearing, real parties did in fact assert their rights under the Fifth Amendment and declined to answer any questions. The People filed a motion to compel testimony in the superior court. The…