JOHN DOE I v. SUPERIOR CT. IN & FOR PIMA CTY.

No. 2 CA-SA 0317.

149 Ariz. 169 (1985)

717 P.2d 473

JOHN DOE I and John Doe II, Petitioners, v. The SUPERIOR COURT of Arizona, In and For the COUNTY OF PIMA, and the Honorable Thomas J. Meehan, Judge Thereof, Respondents, and The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied January 28, 1986.

Review Denied April 8, 1986.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty. by Alan Davidon, Tucson, for respondents.

Law Offices of William J. Risner by Kenneth K. Graham and Bertram Polis, Tucson, for petitioners.


OPINION

LIVERMORE, Judge.

This special action was taken from the order of the superior court holding the petitioners in contempt for refusing to testify before the Pima County grand jury after having been granted use immunity pursuant to A.R.S. § 13-4064. The petitioners contend that Arizona's use immunity statute is unconstitutional because 1) the protection afforded by the statute is not coextensive with the provisions of the Fifth Amendment against...

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