· 1/22/1991
Donovan J.R. Blissett v. Eugene S. Lefevre, Superintendent, Clinton Correctional Facility
Citations
- 924 F.2d 434
- 1991 U.S. App. LEXIS 921
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating defendant must make showing that the testimony is material, exculpatory and not cumulative, as well as that he cannot obtain the evidence from another source
- emphasizing that courts should order immunity only in “extraordinary circumstances”
- finding sufficient remediation of improper remarks where “the trial judge responded promptly to the objections, twice instructing the jury to disregard the offending testimony”
- stating defendant must make showing that the testimony is material, exculpatory and not cumulative, as well as that he cannot obtain the evidence from another source
- stating \only when a prosecutor has abused the government's ability to grant immunity by using it in a discriminatory fashion for the purpose of gaining a tactical advantage does due process require a grant of immunity for a defense witness.\
- \[A] trial court should order the prosecutor to grant a defense witness immunity only in extraordinary circumstances.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Mahoney, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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