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ALLEN v. IOWA DIST. COURT FOR POLK COUNTY

No. 97-997.

582 N.W.2d 506 (1998)

Jarmaine ALLEN, Plaintiff, v. IOWA DISTRICT COURT FOR POLK COUNTY, Defendant.

Supreme Court of Iowa.

July 1, 1998.

Attorney(s) appearing for the Case

James A. Benzoni, Des Moines, for plaintiff.

Thomas J. Miller, Attorney General, Robert P. Ewald, Assistant Attorney General, John Sarcone, County Attorney, and Steve Foritano and Daniel C. Voogt, Assistant County Attorneys, for defendant.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.

PER CURIAM.

The plaintiff challenges the district court's finding of contempt for his refusal to testify without being granted transactional immunity pursuant to Iowa Rule of Criminal Procedure 19(3). Finding the plaintiff was entitled to both use and transactional immunity, we sustain the writ.

I. Background Facts and Proceedings.

The plaintiff, Jarmaine Allen, is one of the defendants charged in the shooting death of Phyllis Davis on April...

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