STATE v. SUMMERS


197 N.J. Super. 510 (1984)

485 A.2d 335

STATE OF NEW JERSEY, PLAINTIFF, v. JOHN SUMMERS, DEFENDANT.

Superior Court of New Jersey, Law Division Hudson County.

Decided June 27, 1984.


Attorney(s) appearing for the Case

Eugene J. Pietroluongo, Assistant Prosecutor, for plaintiff (Harold J. Ruvoldt, Jr., Prosecutor of Hudson County, attorney).

Richard S. Hanlon for defendant (Mayer L. Winograd, Deputy Public Defender for Hudson County, attorney).


BILDER, J.S.C.

These are motions by a criminal defendant for orders conferring use immunity upon defense witnesses who have invoked privileges against self-incrimination. It has never been considered, or even referred to, in this jurisdiction. It finds its genesis in a well-reasoned Third Circuit Court of Appeals opinion in which Judge Garth enunciated the theory that in an appropriate circumstance constitutional due process might require the grant of immunity to...

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