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RYAN v. STATE OF MONTANA

No. 76-2518.

580 F.2d 988 (1978)

Donald E. RYAN, Petitioner-Appellant, v. STATE OF MONTANA, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

August 22, 1978.

Attorney(s) appearing for the Case

Richard N. Dinallo (argued), of O'Gara & O'Gara, San Francisco, Cal., for petitioner-appellant.

J. Mayo Ashley, Deputy Atty. Gen., Helena, Mont., for respondent-appellee.

Before CARTER, KENNEDY and ANDERSON, Circuit Judges.

KENNEDY, Circuit Judge:

This appeal requires us to determine whether or not a state is required to grant a probationer immunity from use of testimony he gives at a combined probation revocation and deferred sentencing hearing at a time when he is under criminal indictment for the same act that constitutes the alleged probation violation.

Petitioner, Donald E. Ryan, was convicted on three counts of grand larceny in a superior court of the State of Montana on...

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