State v. Carapezza

Marcy Carapezza and Jason Hughes (collectively, Defendants) were convicted of felony murder and other felonies. Following decisions by the Supreme Court remanding the cases for new trials, the district court suppressed certain evidence as being derived from Defendants' immunized inquisition testimony. The State took interlocutory appeals from the district court's suppression orders, contending that the court applied an incorrect burden of proof and that the State did not make an improper use of the immunized statements. The Supreme Court affirmed, holding that it was unnecessary to determine the standard of proof to be applied to the derivative use of immunized testimony because, under either standard, the government failed to meet its burden of proving that it had not made a derivative use of Defendants' immunized statements. View "State v. Carapezza" on Justia Law