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GRAVES v. UNITED STATES

No. 82-93.

472 A.2d 395 (1984)

Whitfield GRAVES, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 11, 1984.

Attorney(s) appearing for the Case

Holly Skolnick, Public Defender Service, Washington, D.C., with whom A. Franklin Burgess, Public Defender Service, Washington, D.C., at the time the brief was filed, was on brief, for appellant.

Thomas J. Tourish, Jr., Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, and Judith Hetherton and Steven D. Gordon, Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.

Before KERN, MACK and FERREN, Associate Judges.

FERREN, Associate Judge:

While awaiting trial on murder, burglary, and robbery charges, appellant was granted use and derivative use immunity and ordered to testify at the earlier, separate trial of a codefendant. Appellant refused to testify, and the court held him in criminal contempt. On appeal, he argues that his conviction cannot stand because the only way he could adequately safeguard his Fifth Amendment privilege against self-incrimination was to remain silent...

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