Is a defendant entitled to immunity for a defense witness?
California, United States of America
The following excerpt is from People v. Denson, C068292 (Cal. App. 2015):
Some federal appellate courts have held that a defendant is entitled to immunity for a defense witness when the evidence sought from that witness is relevant and the government distorted the judicial factfinding process by denying that witness immunity. (United States v. Westerdahl (9th Cir. 1991) 945 F.2d 1083, 1086-1087 (Westerdahl); Smith, supra, 615 F.2d at pp. 968-969.)2 A defendant may establish that the government
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