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Knapp Vs. Schweitzer

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  • US Supreme Court
  • Jun 30, 1958

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  4. Spies Vs. Illinois US Supreme Court · Nov 02, 1887
  5. United States Vs. Kahriger US Supreme Court · Mar 09, 1953
  6. U.S. 371 (1958) U.S. Supreme Court Knapp v. Schweitzer
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  7. U.S. 371 (1958) Knapp v. Schweitzer
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  8. People v. Knapp
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  9. that such a claim is without merit was settled in Twining v. New
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  10. Malinski v. New
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  11. the claim that such state law of immunity may expose the potential witness to prosecution under federal law. See Jack v. Kansas
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  12. protection of the Fifth Amendment would come into play. Such testimony is barred in a federal prosecution, see Byars v. United
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  13. Whatever the applicability of the Fifth Amendment, it is in no way expanded by those two provisions. Cf. Twining v. New
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  14. Barron v. Baltimore
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  15. Permoli v. First
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  16. Smith v. Maryland
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  17. Fox v. Ohio
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  18. Twitchell v. Pennsylvania
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  19. Eilenbecker v. Plymouth
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  20. Eilenbecker v. District
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  21. Livingston's Lessee v. Moore
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  22. Justices v. Murray
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  23. Pervear v. Massachusetts
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  24. incrimination under the Fifth Amendment. I therefore do not believe that reconsideration of the holding in Feldman v. United
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  25. Lochner v. New
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  26. in this Court that the petitioner does run the risk of a federal prosecution based on his own testimony under Feldman v. United
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  27. do so does violence to the vital principle of federalism that a state court is the final arbiter of state law. See May v. Anderson
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  28. assumption that his testimony could not be used to convict him of a federal crime. See Standard Oil Co. of California v. Johnson
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  29. U. S. 481 . Cf. Patterson v. Alabama
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  30. I think it is also appropriate to say a few words here about Feldman v. United
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  31. imprisonment for contempt or confess Page 357 U. S. 385 himself into a federal penitentiary. See Marcello v. United
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  32. States, 196 F.2d 437. Indeed things have now reached the point, as the result of United States v. Murdock
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  33. and federal law even though there is a privilege against self-incrimination in the Constitution of each. Cf. Irvine v. California
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  34. the witness under federal law, even though he has been granted full immunity from state prosecution. People v. Den-Uyl
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  35. Mich. 645, 29 N.W.2d 284. Cf. State ex rel. Doran v. Doran
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  36. Contrast Bram v. United
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  37. prosecution even though it was procured by officers of a foreign nation outside the United States. And see Ashcraft v. Tennessee
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  38. U.S. Supreme Court Knapp v. Schweitzer
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  39. Twining v. New
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  40. See Jack v. Kansas
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  41. Byars v. United
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  42. Cf. Twining v. New
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  43. Feldman v. United
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  44. See May v. Anderson
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  45. See Standard Oil Co. of California v. Johnson
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  46. Cf. Patterson v. Alabama
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  47. See Marcello v. United
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  48. of United States v. Murdock
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  49. Cf. Irvine v. California
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  50. People v. Den-Uyl
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