Chanley v. State

550 N.E.2d 764, 1990 Ind. App. LEXIS 158, 1990 WL 15649
CourtIndiana Court of Appeals
DecidedFebruary 19, 1990
DocketNo. 87A01-8909-CR-394
StatusPublished
Cited by3 cases

This text of 550 N.E.2d 764 (Chanley v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chanley v. State, 550 N.E.2d 764, 1990 Ind. App. LEXIS 158, 1990 WL 15649 (Ind. Ct. App. 1990).

Opinion

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Terry W. Chanley (Chanley) appeals the judgment of the trial court finding him in contempt of court for refusing to testify at a pre-trial deposition and at trial after invoking his Fifth Amendment right against self-incrimination and being granted use immunity by the State. We affirm.

FACTS

On June 21, 1989, Chanley was deposed on behalf of Jason Woolems, the defendant in the case of State v. Woolems, Cause No. 87C01-8902-CF-9. When - questioned, Chanley invoked his Fifth Amendment right against self-incrimination. On the same date the State filed a Petition for Use Immunity.1 A hearing was held during which Chanley attempted to persuade the trial court that the State had no standing to petition for use immunity during pre-trial discovery. The trial court rejected Chan-ley's argument and granted the State's petition.

The parties resumed Chanley's deposition, but Chanley again refused to testify. The State filed an information for contempt, and a hearing was held by the trial court. Chanley was found in contempt2 and was sentenced to six (6) months imprisonment in the Warrick County jail, to be served consecutively to any other sentence then imposed.

On June 28, 1989, Woolems was brought to trial and Chanley was called as a witness. Chanley again refused to answer certain questions and invoked his Fifth Amendment right against self-incrimination. The State renewed its prior petition for use immunity. Chanley objected, claiming that an order entered previously by the [766]*766Oldham Circuit Court of the Commonwealth of Kentucky which provided that Chanley was not subject to arrest and service of process while in Indiana prevented the State from seeking a contempt ruling in the present case. Chanley requested that the Kentucky order be made part of the record and the State did not object. The trial court admitted the order into evidence and granted the State's petition for use immunity. Chanley again refused to testify. The State moved that Chanley be found in contempt, and, after a hearing on the matter, the trial court again found Chanley in contempt. The trial court sentenced Chanley to six (6) months imprisonment in the Warrick County jail, to be served concurrently to Chanley's previous contempt citation. Chanley appeals the trial court's determination.

ISSUES

1) Whether the trial court properly granted the State's petition for use immunity requested pursuant to IC 85-87-3-3 when Chanley invoked the Fifth Amendment and refused to testify during the pretrial discovery process.

2) Whether the trial court properly acted upon the State's Petition for Use Immunity and Information for Contempt given the provisions of the order entered by the Old-ham Circuit Court, Commonwealth of Kentucky ordering Chanley to be a witness in the Indiana criminal prosecution of Woo-lems.

DISCUSSION AND DECISION

Issue One

Chanley first argues that the State's initial petition for use immunity was premature. According to Chanley, when the petition was filed the State had no reason to believe that Chanley would refuse to testify at trial, and therefore the State had no standing to seek use immunity. Chanley also argues that because the initial petition for use immunity was invalid, the State's "renewal" of that petition at trial was also invalid. Because the petitions were invalid, Chanley argues that both contempt findings and their resulting sentences are void.

The State of Indiana has enacted legislation giving prosecutors the authority to grant use immunity to witnesses and obviate the self-incrimination privilege of the Fifth Amendment. Bubb v. State (1982), Ind.App., 434 N.E.2d 120, 123. The purpose of these statutes is to permit the State, which is invested with the duty to prosecute criminals, to elicit the testimony of reluctant but necessary witnesses. Id. Exercise of this power is limited to prosecutors. Resnover v. State (1987), Ind., 507 N.E.2d 1382, 1389; Bubb, 434 N.E.2d at 123. The laws controlling a grant of use immunity to a witness who refused to testify are codified at Ind.Code § 85-87-8-1 et seq and read as follows:

85-87-3-1 Refusal of witness to answer or produce item; hearing; decision on right to refuse
See. 1. (a) If a witness in any hearing or trial occurring after an indictment or information has been filed, refuses to answer any question or produce any item, the court shall remove the jury, if one is present, and immediately conduct a hearing on the witness's refusal. After such a hearing, the court shall decide whether the witness is required to answer the question or produce the item. (b) If the prosecuting attorney has reason to believe that a witness will refuse to answer a question or produce an item during any criminal trial, the prosecuting attorney may submit the question or request to the trial court. The court shall hold a hearing to determine if the witness may refuse to answer the question or produce the item.
35-37-38-2 Self-incrimination; for use immunity request
Sec. 2. If the court determines that the witness, based upon his privilege against self-incrimination, may properly refuse to answer a question or produce an item, the prosecuting attorney may make a written request that the court grant use immunity to the witness, in accordance with section 8 of this chapter.
35-37-3-8 Grant of use immunity; instruction of witness; contempt; perjury
See. 83. (a) Upon a request of the prosecuting attorney, the court shall grant use [767]*767immunity to a witness. The court shall instruct the witness, by written order or in open court, that any evidence the witness gives, or evidence derived from that evidence, may not be used in any criminal proceeding against that witness, unless the evidence is volunteered by the witness or is not responsive to a question by the prosecuting attorney. The court shall instruct the witness that he must answer the questions asked and produce the items requested.
(b) A grant of use immunity does not prohibit the use of evidence the witness has given in a prosecution for perjury under IC 35-44-2-1.
(c) If a witness refuses to give the evidence after he has been granted use immunity, the court may find him in contempt.

Chanley first invoked the Fifth Amendment right against self-incrimination and refused to testify at a deposition being taken on behalf of the defendant in the case of State v. Woolems. Chanley argues that this action was insufficient to give the prosecuting attorney reason to believe that as a witness at Woolems' trial, Chanley would again refuse to testify. We disagree.

It is not speculative to say that Woolems' counsel and the prosecuting attorney would be seeking the same or similar information concerning the incident for which Woolems was being tried. The questions Chanley refused to answer when asked by Woolems' counsel would no doubt be raised by the State as well.

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Related

In Re Sh
969 N.E.2d 1048 (Indiana Court of Appeals, 2012)
In Re the Contempt Finding Against Craig
552 N.E.2d 53 (Indiana Court of Appeals, 1990)

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Bluebook (online)
550 N.E.2d 764, 1990 Ind. App. LEXIS 158, 1990 WL 15649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chanley-v-state-indctapp-1990.