In re Prosecutor's Subpoena re S.H.
Annotate this CaseAfter Mother gave birth to an infant alone at home, Boyfriend took Mother and the infant to the hospital. Medical staff noticed puncture wounds on the infant's back and notified the authorities. An ensuing investigation resulted in the removal of the infant from Mother's care. The county prosecutor subsequently petitioned the trial court for subpoenas to compel Mother and Boyfriend to give testimony relating to the home birth of the infant. The trial court issued the subpoenas. Before Mother and Boyfriend testified, their attorney moved to quash the subpoenas pursuant to their rights against self-incrimination. The court granted the motion. The trial court then granted the prosecutor's petition for use immunity. The Supreme Court reversed, holding (1) the prosecutor was not authorized to request a grant of use immunity; and (2) where, as here, no charges have been filed and no grand jury has been convened, a prosecutor may subpoena witnesses pursuant to Ind. Code 33-39-1-4, but if those witnesses invoke their constitutional right against self-incrimination, the prosecutor cannot petition the court to grant them use immunity and compel them to testify without first filing charges or convening a grand jury.
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