(DOWNLOAD) "State V. Bryant" by Washington Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State V. Bryant
- Author : Washington Court of Appeals
- Release Date : January 20, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
After the State granted Vincent Bryant contractual use and derivative use immunity in exchange for information about a series of residential burglaries, it charged him with several of the same crimes, arguing they were based on independent evidence. Bryant moved to dismiss the charges and, after the required Kastigar hearing, the trial court dismissed counts 21-37 and 42, finding that they were "neither independent of {Bryant's} immunized testimony nor would {they} have inevitably been discovered." In a related finding, the trial court determined that Bryant's co-defendant Jeffrey Dorman was derived as an evidentiary source from Bryant's statements and excluded his testimony on counts 17-20. The State appeals the dismissal of counts 21-37 and 42, the suppression of Dorman's testimony, and the trial court's suppression of a confession Bryant made at his sentencing hearing on an unrelated burglary. Bryant cross-appeals, arguing that all the charges against him should be dismissed. We conclude that the trial court erred in characterizing the State's use of the evidence as a nonevidentiary derivative use and dismissing the counts on that basis. But we reach the same result based on the contract between Bryant and the State. We hold that the State's evidentiary use of Bryant's statements to obtain evidence against him violates the derivative use prohibition of the use immunity agreement and affirm the trial court.
 "State V. Bryant" by Washington Court of Appeals ~ Book PDF Kindle ePub Free){kind=link}