United States of America Ex Rel. Gerardo Catena v. Albert Elias, Superintendent of Youth Reception and Correction Center at Yardville, N. J

OPINION OF THE COURT

HASTIE, Circuit Judge.

This appeal presents the question whether the Fifth Amendment’s prohibition of compelled self-incrimination precludes a state from requiring a witness to testify before one of its investigating agencies after, pursuant to a statute of that state, he has been granted immunity from any use of that testimony or any evidence derived from it against him in any criminal proceeding.

Appellant Catena was subpoenaed to appear before the New Jersey State Commission of Investigation in the course of an investigation into organized crime in that state. He refused…