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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.