Stacey Allen Graham, Petitioner v. Dayna Durr

Summary

The court held that Graham could invoke the privilege against self-incrimination in the civil discovery proceeding while his direct sentence appeal remained pending. A successful appeal could lead to resentencing at which compelled civil testimony might adversely affect the sentence, creating a real and substantial hazard of incrimination. The court declined to decide whether the privilege would continue during possible post-conviction proceedings because that question was not ripe.