Legal Opinion
State v. Belanger
New Mexico Supreme Court
Decided May 12, 2009No. 30,654PublishedCited by 84 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} More than twenty-five years ago, this Court’s Rules of Criminal Procedure Committee (“the Committee”) opined that use- and-derivative-use immunity for witnesses (“use immunity”) should be available at the request of either the prosecution or the accused. Although that view had some limited support in federal case law, ultimately it did not prevail in our state jurisprudence. Since then, this Court has embraced the view that use immunity is available only at the behest of the prosecution.
{2} As will be discussed at length in this opinion, the case before us makes…
2Cases cited70 opinions
- Simmons v. United StatesSupreme Court of the United States · 1968
- Hanna v. PlumerSupreme Court of the United States · 1965
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Dutton v. EvansSupreme Court of the United States · 1970
65 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- State v. WatkinsTennessee Supreme Court · 2012
- State v. MontoyaNew Mexico Supreme Court · 2013
- State v. FloresNew Mexico Supreme Court · 2010
- State v. GallegosNew Mexico Supreme Court · 2011
- State v. BullcomingNew Mexico Supreme Court · 2010
79 more not listed; retrieve them via the Exa API.