Legal Opinion
In Re Baldinger
District Court, C.D. California
Decided March 14, 1973No. Crim. Misc. 3016 (WF)PublishedCited by 15 opinions
1Opinion of the Court
OPINION
FERGUSON, District Judge.
In Kastigar v. United States, 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972), the Supreme Court held that the use immunity statute, 18 U.S.C. §§ 6001-6005, on its face does not violate the Fifth Amendment. This action presents the issue of whether, under the factual context of this case, the granting of an immunity order under the statute would violate the Fifth Amendment rights of a witness called to testify before a grand jury. The court finds that it does.
The relevant facts presented are as follows:
1. On January 5, 1971, a fire bombing was committed at…
2Cases cited42 opinions
- Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
- Powell v. McCormackSupreme Court of the United States · 1969
- Kastigar v. United StatesSupreme Court of the United States · 1972
- United States v. ClassicSupreme Court of the United States · 1941
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
37 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Robert Hawthorne, Inc. v. Director of Internal RevenueDistrict Court, E.D. Pennsylvania · 1976
- In Re Paul Perlin, a Witness Before the April 1977 Grand Jury, Paul PerlinCourt of Appeals for the Seventh Circuit · 1978
- United States v. Richard Huss, United States of America v. Sheldon Seigel, United States of America v. Jeffrey H. SmilowCourt of Appeals for the Second Circuit · 1973
- United States v. Houston WatkinsCourt of Appeals for the Seventh Circuit · 1974
- In Re Grand Jury Proceedings. Richard Stanley Taylor v. United StatesCourt of Appeals for the Fifth Circuit · 1975
10 more not listed; retrieve them via the Exa API.