Is a defendant entitled to require the state to grant immunity to a witness who has knowledge of the facts of his case?

California, United States of America


The following excerpt is from Marshall K., In re, 14 Cal.App.3d 94, 92 Cal.Rptr. 39 (Cal. App. 1970):

Appellant argues that a defendant in a criminal action should be entitled to require the state to grant immunity to a witness who has knowledge of the facts of his case, to insure him a fair trial. The cases hold that the state is under no obligation to make a witness available to testify for a defendant, or on behalf of the People for that matter, by granting him immunity from prosecution. (People v. Stewart, 1 Cal.App.3d 339, 343, 81 Cal.Rptr.

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