Topic: a witness's invocation of the fifth amendment privilege may… · Go Syfert
← All topics

Topic #45686

2 canonical passages across 2 cases, quoted by 6 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from People v. Vargas.

#Case FlagCanonical passage Citers
1 People v. Vargas Anchor
ny · 1995
green “a witness's invocation of the fifth amendment privilege may amount to reversible error in two instances: one, when the prosecution attempts to build its case on inferences drawn from the witness's assertion of the privilege, and two, when the inferences unfairly prejudice defend…” 3
2 People v. Jones
nyappdiv · 1988
green “absent a conscious and flagrant attempt by the prosecutor to build a case out of the inferences arising from the use of the testimonial privilege or without some indication that the witness's refusal to testify adds critical weight to the people's case in a form not subject to c…” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check