In the Interest of Anthony Ray Mc.

How courts have described this case

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

• recognizing that “ ‘an ordinary witness may decline to answer only after making the requisite showing of the danger of self-incrimination’ ”
• holding that non-party witnesses must “take the stand, be sworn to testify, and assert the privilege in response to each allegedly incriminating question as it is asked”
• holding that non-party witnesses must “take the stand, be sworn to testify, and assert the privilege in response to each allegedly incriminating question as it is asked”
• “The constitutional question of unavailability is generally answered when a court determines, under the penal interest exception of Rule 804(b)(3), that a declarant has-successfully invoked the privilege against self-incrimination.”
• “The constitutional question of unavailability is generally answered when a court determines, under the penal interest exception of Rule 804(b)(3), that a declarant has successfully invoked the privilege against self-incrimination.”
• “‘The witness is not exonerated from answering merely because he declares that in so doing he would incriminate himself—his say-so does not of itself establish the hazard of incrimination. It is for the court to say whether his silence is justified[.]’”

Source: CourtListener parenthetical corpus (CC0).