context: Once a witness voluntarily has revealed an incriminating fact, "the privilege cannot be invoked to avoid disclosure of the details."
citation_a.signal: see also
citation_a.identifier: 488 F.2d 1210, 1210-11
citation_a.parenthetical: witness's disclosures in entering guilty plea at Rule 11 hearing do not constitute waiver of privilege at co-defendant's trial
citation_a.sentence: United States v. Cain, 544 F.2d 1113, 1117 (1st Cir.1976) (co-defendant’s submission to deposition in unrelated criminal proceeding not waiver of Fifth Amendment in proceeding in which co-defendant called as witness); see also Johnson, 488 F.2d at 1210-11 (witness’s disclosures in entering guilty plea at Rule 11 hearing do not constitute waiver of privilege at co-defendant’s trial); Kirane v. City of Lowell, 622 F.Supp. 262, 265 (D.Mass.1985) (“[A] person who waives his privilege as to the one trial [is not] estopped from asserting the privilege as to the same matter in a subsequent trial or proceeding.”); 8 J. Wigmore, Evidence § 2276, at 470-72 (McNaughton rev. 1961) (“The waiver involved is limited to the particular proceeding in which the witness volunteers the testimony or the accused takes the stand_ Nor is his testimony at a first trial a waiver for a later trial.”) (emphasis in original). Therefore, Gary’s contention that Hopkins waived his privilege in the second trial by testifying in the first trial is misplaced.
citation_b.signal: no signal
citation_b.identifier: 544 F.2d 1113, 1117
citation_b.parenthetical: co-defendant's submission to deposition in unrelated criminal proceeding not waiver of Fifth Amendment in proceeding in which co-defendant called as witness
citation_b.sentence: United States v. Cain, 544 F.2d 1113, 1117 (1st Cir.1976) (co-defendant’s submission to deposition in unrelated criminal proceeding not waiver of Fifth Amendment in proceeding in which co-defendant called as witness); see also Johnson, 488 F.2d at 1210-11 (witness’s disclosures in entering guilty plea at Rule 11 hearing do not constitute waiver of privilege at co-defendant’s trial); Kirane v. City of Lowell, 622 F.Supp. 262, 265 (D.Mass.1985) (“[A] person who waives his privilege as to the one trial [is not] estopped from asserting the privilege as to the same matter in a subsequent trial or proceeding.”); 8 J. Wigmore, Evidence § 2276, at 470-72 (McNaughton rev. 1961) (“The waiver involved is limited to the particular proceeding in which the witness volunteers the testimony or the accused takes the stand_ Nor is his testimony at a first trial a waiver for a later trial.”) (emphasis in original). Therefore, Gary’s contention that Hopkins waived his privilege in the second trial by testifying in the first trial is misplaced.