Graves v. United States

FERREN, Associate Judge:

While awaiting trial on murder, burglary, and robbery charges, appellant was granted use and derivative use immunity and ordered to testify at the earlier, separate trial of a codefendant. Appellant refused to testify, and the court held him in criminal contempt. On appeal, he argues that his conviction cannot stand because the only way he could adequately safeguard his Fifth Amendment privilege against self-incrimination was to remain silent. We disagree. A duly authorized assurance of immunity is sufficient to supplant the Fifth Amendment privilege because it…