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Concerning the next preliminary issue, Mrs. Henkin contends that CBS has did not plead a prima facie situation…
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The Majority's reliance on Workman, supra, is misplaced. The nice pounds of authority in this country supports the basic principle that absent statutory or constitutional provisions on the contrary, a prosecutor has no inherent ability to grant immunity to the witness so that you can compel his testimony. The opinions of your demo courtroom (through the in-chambers hearings) emphasized these disorders into the probable witnesses. Workman, supra, essentially delivers no solace along with the thrust of that view was that The federal government, for a promisor, might be required to accomplish its deal once the promisee has relied over the guarantee and executed his or her Element of the cut price. Commonwealth v. Brown, Ky., 619 S.W.second 699 (1981). Appellant claims that Grooms' testimony was most vital since she was the only real witness who heard the decedent say he was intending to "whip" her. A simple comparison of Grooms' avowal testimony While using the testimony of equally protection and prosecution witnesses verifies that Grooms' testimony was cumulative in nature rather than exculpatory. While a legal defendant may well not compel the government to grant immunity to the witness, an exception has become recognized if The very fact getting approach is deemed to are actually distorted, intentionally, by The federal government. An exception doesn't exist In such cases. While Grooms' testimony was applicable, there was an abundance of testimony by other witnesses that dispelled the argument that without the need of Grooms' testimony the fact-locating approach was deliberately distorted by prosecutorial misconduct which denied a good trial. I'd personally affirm the judgment from the trial courtroom and also the impression on the Courtroom of Appeals. SPAIN and WINTERSHEIMER, JJ., be part of During this dissent.
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