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ZICARELLI v. NEW JERSEY INVESTIGATION COMM'N

No. 69-4.

406 U.S. 472 (1972)

ZICARELLI v. NEW JERSEY STATE COMMISSION OF INVESTIGATION.

Supreme Court of United States.

Decided May 22, 1972.

Attorney(s) appearing for the Case

Michael A. Querques argued the cause for appellant. With him on the brief were Daniel E. Isles, Harvey Weissbard, and Joseph E. Brill.

Andrew F. Phelan argued the cause and filed a brief for appellee.

George F. Kugler, Jr., Attorney General, argued the cause for the State of New Jersey as amicus curiae urging affirmance. With him on the brief were Barry H. Evenchick and Michael R. Perle, Deputy Attorneys General.

Melvin L. Wulf filed a brief for the American Civil Liberties Union as amicus curiae urging reversal.

Robert G. Dixon, Jr., filed a brief for the National District Attorneys Association et al. as amici curiae urging affirmance.

MR. JUSTICE POWELL delivered the opinion of the Court.

This case, like Kastigar v. United States, ante, p. 441, raises questions concerning the conditions under which testimony can be compelled from an unwilling witness who invokes the Fifth Amendment privilege against compulsory self-incrimination.

The New Jersey State Commission of Investigation1 subpoenaed appellant to appear on July 8, 1969, to testify concerning...

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