Legal Opinion

Commonwealth v. Johnson

Supreme Court of Pennsylvania

Decided February 21, 1985No. 48, 47 E.DPublishedCited by 32 opinions

1Opinion of the Court

OPINION OF THE COURT

LARSEN, Justice.

In these cross appeals we are called upon to decide whether, without the consent of the prosecutor, a trial court has the power to grant use immunity for the compelled testimony of a defense witness. The question of defense witness immunity presented here is one of first impression in this Commonwealth. The trial judge refused to grant immunity holding that:

[T]he request and issuance of immunity is within the judgment of the Attorney General and district attorney, neither the court nor defense counsel may force the prosecutor to compel the testimony of a…

2Cases cited21 opinions

  1. Kastigar v. United StatesSupreme Court of the United States · 1972
  2. United States v. Michael G. Thevis, Alton Bart Hood, Global Industries, Inc., Anna Jeanette EvansCourt of Appeals for the Fifth Circuit · 1982
  3. Government of the Virgin Islands v. Glen Smith, Elton Rieara, Elvis Smith and Roland GeorgesCourt of Appeals for the Third Circuit · 1980
  4. United States v. Walter Morrison A/K/A "Skip" Morrison Appeal of Nick BosciaCourt of Appeals for the Third Circuit · 1976
  5. Pillsbury Co. v. ConboySupreme Court of the United States · 1983

16 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Commonwealth v. MulhollandSupreme Court of Pennsylvania · 1997
  2. Commonwealth v. EinhornSuperior Court of Pennsylvania · 2006
  3. Commonwealth v. HallSuperior Court of Pennsylvania · 2005
  4. Commonwealth v. SwinehartSupreme Court of Pennsylvania · 1995
  5. Carter v. United StatesDistrict of Columbia Court of Appeals · 1996

27 more not listed; retrieve them via the Exa API.

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