STATE v. CHAVEZ

No. 7244.

673 P.2d 1345 (1983)

100 N.M. 612

STATE of New Mexico, Plaintiff-Appellee, v. Freddy Lee CHAVEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

December 6, 1983.


Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Barbara F. Green, William Lazar, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

David A. Freedman, Freedman, Boyd & Daniels, P.A., Albuquerque, for defendant-appellant.


OPINION

NEAL, Judge.

The defendant was held in contempt for his refusal to answer questions before the grand jury, and sentenced to sixty days in jail. We hold that summary disposition was improper and reverse. We also discuss whether a witness who has been granted use immunity may refuse to answer because his answers may subject him to federal prosecution. Because we reverse on the procedural issue we do not address...

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