Supreme Court of Kansas

State v. Adams

February 14, 2025563 P.3d 719

Summary

The Kansas Supreme Court held that a witness may not invoke the Fifth Amendment privilege based on the speculative risk of a future perjury prosecution and that a grant of use and derivative use immunity that is coextensive with the Fifth Amendment extinguishes the privilege even when the statute contains a perjury exception. Accordingly, the Court reversed the Court of Appeals and district court and remanded for the district court to compel the witness’s testimony at the criminal trial.