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Contempt conviction for failure to testify affirmed

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A woman who refused to answer questions about another criminal defendant after she was granted immunity was not wrongly convicted of contempt of court, an appellate panel ruled Friday.

Christie Wilson was found in contempt of court and sentenced to 180 days in prison after she refused to answer questions about Nathan Schultz, who had been charged with two counts of burglary and 18 counts of theft. Related to those charges, Wilson pleaded guilty to Class D felony theft and receiving stolen property, and several other counts were dropped.

The Washington Superior Court issued Wilson a grant of immunity in exchange for her testimony regarding Schultz’s criminal case. At a deposition, she asserted her Fifth Amendment rights regarding questions about Schultz’s alleged crimes.

The Court of Appeals rejected Wilson’s claim that “it appears to be a matter of first impression whether Indiana’s Constitution Section 14 provides greater protection than the U.S. Constitution’s Fifth Amendment in matters relating to compelled testimony through orders of use immunity.”

In Christie Wilson v. State of Indiana, 88A01-1301-CR-2, Wilson argued that the Indiana Constitution entitled her to transactional immunity barring the state from prosecuting her for any transaction concerning that to which she testified.

The justices affirmed in part based on In re Caito 459 N.E.2d 1179, 1182 (Ind. 1984), which was decided about twenty years ago.

 “We cannot say that the Indiana Constitution requires transactional immunity or that the trial court’s finding of contempt was an abuse of discretion,” Judge Elaine Brown wrote for the court. “We affirm the trial court’s finding of contempt.”






 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

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