Knapp v. Schweitzer/Concurrence Brennan

by William J. Brennan, Jr.

United States Supreme Court

357 U.S. 371

Knapp  v.  Schweitzer

 Argued: March 6, 10, 1958. --- Decided: June 30, 1958

Mr. Justice BRENNAN, concurring.

I join the Court's opinion upon my understanding that the only question we decide is that a witness who is granted immunity by a State against state prosecution may be compelled to testify in a state proceeding and cannot successfully assert the privilege against self-incrimination under the Fifth Amendment.

I therefore do not believe that reconsideration of the holding in Feldman v. United States, 322 U.S. 487, 64 S.Ct. 1082, 88 L.Ed. 1408, is necessary or appropriate in this case. In view of the contrary suggestion in the dissent of Mr. Justice BLACK, I think it proper however to note that in joining the Court's opinion, I should not be understood as believing that our decision today forecloses reconsideration of the Feldman holding in a case requiring our decision of that question.

Mr. Chief Justice WARREN, dissenting.

Notes