STATE v. ELY

No. 96-587.

708 A.2d 1332 (1997)

STATE of Vermont v. Shawn ELY (Wanda Allard, Appellant).

Supreme Court of Vermont.

December 19, 1997.


Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Attorney General, and Susan R. Harritt, Assistant Attorney General, Montpelier, for plaintiff-appellee.

Robert Appel, Defender General, and William A. Nelson, Appellate Attorney, Montpelier, for appellant.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


DOOLEY, Justice.

This case raises the single issue of whether the provision of use and derivative use immunity to a reluctant witness pursuant to 12 V.S.A. § 1664(a) is consistent with the self-incrimination privilege established by Chapter I, Article 10 of the Vermont Constitution. We hold that it is consistent as long as "derivative use" is defined sufficiently broadly to provide equivalent protection to that provided by the privilege and certain procedural...

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