Commonwealth v. Borans

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• \The standard [of proof] serves to allocate the risk of error between the litigants and to indicate the relative importance attached to the ultimate decision\
• “neither a practical unlikelihood of prosecution nor the prosecutor’s denial of an intention to prosecute negates an otherwise proper invocation of the Fifth Amendment”
• “Unlike the Borans case, the testimony at issue in DeSaulnier was part of a continuing inquiry into judicial misconduct with the same witness, the same defendants, and the same offenses”
• waiver by testimony rule does not apply in later trials that involve different defendants
• \testimony before a grand jury should not be considered a waiver of a witness's privilege against self-incrimination for the purpose of offering testimony at a subsequent trial on an indictment returned by that grand jury\
• witness convicted of peijury in grand jury proceeding had right to remain silent at trial of another where witness would have to testify to other matters for which he had not been but could be indicted

Source: CourtListener parenthetical corpus (CC0).