I write today to provide some update links for information on this subject. The Circuit Split Blog has this discussion of and link to a law review note. See New Article Highlights Immunity Grants to Defense Witnesses (Circuit Split Blog 11/30/12), here. The note is Nathaniel Lipanovich, Resolving the Circuit Split on Defense Immunity: How the Prosecutorial Misconduct Test Has Failed Defendants and What the Supreme Court Should Do About It, 91 Tex. L. Rev. 175 (2012), here. I recommend review the Circuit Split Blog entry for its inclusion of a graphic graph.
My prior blogs in reverse chronological order are:\
- Petition for Certiorari on Issue of Whether Defense Witness Invoking Fifth But Offering Testimony After Conviction is Newly Discovered Evidence (11/14/12), here;
- Defense Witness Immunity (10/10/12), here;
- A White Collar Crime Case with Issues Relevant to Tax Crimes (10/10/12), here; and
- Defense Witness Immunity: Prosecutor Discretion and Compelling Testimony of a Reluctant Witness in Criminal Cases (9/6/11), here.