United States Eighth Circuit

Defendant's conviction and sentence for contempt of court due to his assertion of the Fifth Amendment and refusal to testify in a criminal trial against his cousins are affirmed where: 1) defendant failed to establish a threat of future prosecution; and 2) a witness may not assert the Fifth Amendment privilege when his fear of perjury arises out of his current refusal to testify truthfully and thus risk committing perjury at the present proceeding.

Appellate Information

• Decided 02/10/2010
• Published 02/10/2010

Judges

• MELLOY, Circuit Judge., Before WOLLMAN, RILEY, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joseph Blake Hendrix, argued, Little Rock, AR, for Appellant.


• For Appellees:
  
• Angela Sue Jegley, argued, Little Rock, AR (Patrick C. Harris, on the brief) for Appellee.