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New Jersey Vs. Portash
Cites for this judgment
- US Supreme Court
- Mar 20, 1979
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U.S. 450 (1979) U.S. Supreme Court New Jersey v. PortashSearch
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U.S. 450 (1979) New Jersey v. PortashSearch
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so as to take into account the interest in preventing perjury is not only unnecessary, but impermissible. Harris v. NewSearch
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York, 401 U. S. 222 , and Oregon v. HassSearch
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See Raley v. OhioSearch
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Jenkins v. GeorgiaSearch
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now that the New Jersey courts have decided it. This is made clear by a case decided by this Court in 1972, Brooks v. TennesseeSearch
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statutes, like the privilege against compulsory self-incrimination, predate the adoption of the Constitution. Kastigar v. UnitedSearch
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U. S. 446 n. 14. This Court first considered a constitutional challenge to an immunity statute in Counselman v. HitchcockSearch
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Id. at 142 U. S. 585 . See also Brown v. UnitedSearch
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Ullman v. UnitedSearch
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Brown v. WalkerSearch
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U. S. 591 . After the holding in Malloy v. HoganSearch
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in the Fourteenth Amendment, this rule is necessarily applicable to state immunity statutes as well. Cf. Murphy v. WaterfrontSearch
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concerned. Indeed, the federal statutes subsequently upheld by the Court granted such transactional immunity. Brown v. UnitedSearch
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Heike v. UnitedSearch
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case, protects the witness from the use of his compelled testimony and any information derived from it. In Kastigar v. UnitedSearch
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this broad statement of the necessary constitutional scope of testimonial immunity, the State asks us to weigh Harris v. NewSearch
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Those cases involved the use of statements, concededly taken in violation of Miranda v. ArizonaSearch
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Harris v. NewSearch
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Emphasis in original.) Mincey v. ArizonaSearch
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is commensurate in all respects with the privilege against self-incrimination which it replaces. United States v CalandraSearch
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Kastigar v. UnitedSearch
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A similar situation existed in Wardius v. OregonSearch
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at least use immunity, and held that such immunity would have to be honored by the Federal Government. See Kastigar v. UnitedSearch
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See Shapiro v. UnitedSearch
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The Court in both the Harris and Hass cases relied on Walder v. UnitedSearch
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on an inconsistency between that testimony and later, nonimmunized, testimony. That question will be presented in Dunn v. UnitedSearch
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is not set out in the New Jersey Constitution. Its origins are instead to be found in the common law, see State v. FarySearch
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State v. DeatoreSearch
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N.J. 100, 112, 358 A.2d 163, 170 (1976). Cf. State v. JohnsonSearch
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It is also of no little significance that, although the State rests its case heavily on Harris v. NewSearch
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than that required by Harris. See State v. DeatoreSearch
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State v. VinegraSearch
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a defendant to be a witness against himself. See Kastigar v. UnitedSearch
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in determining whether the Fifth Amendment permits a defendant's statements to be used against him at trial. In Harris v. NewSearch
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the New Jersey courts decided the issue and held it to be properly presented on appeal. Citing cases such as Raley v. OhioSearch
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U. S. 423 (1959), and Jenkins v. GeorgiaSearch
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requirement of Art. III must be met and by its citation of Brooks v. TennesseeSearch
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actually present in the case properly was brought to the attention of its own courts for adjudication, e.g., Raley v. OhioSearch
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into a case or controversy capable of being adjudicated in this Court simply by deciding that federal issue. Doremus v. BoardSearch
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U.S. Supreme Court New Jersey v. PortashSearch
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