How have courts interpreted immunity clauses in witness immunity agreements?

California, United States of America


The following excerpt is from People v. Perez, 229 Cal.Rptr.3d 303, 4 Cal.5th 421, 411 P.3d 490 (Cal. 2018):

People v. Fauber (1992) 2 Cal.4th 792, 823, 9 Cal.Rptr.2d 24, 831 P.2d 249 ; see also People v. Frye , supra , 18 Cal.4th at p. 971, 77 Cal.Rptr.2d 25, 959 P.2d 183 [ruling that prosecutor properly read to the jury the terms of a witness's immunity agreement, which stated that defendant had "promised to tell the truth in exchange for the district attorney's promise to refrain from charging her with any crimes relating to the ... murders"].) The trial court properly allowed the jury to learn about Hart's immunity agreement.

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