context: However, "[i]t is hornbook law that the waiver [of the privilege] is limited to the particular proceeding in which the witness appears." The majority rule preserves a witness's right to assert the privilege in subsequent, distinct stages of a single proceeding.
citation_a.signal: see
citation_a.identifier: 488 F.2d 1206, 1210
citation_a.parenthetical: noting that testimony before grand jury or other "preliminary and separate proceeding" does not waive right to assert privilege at trial
citation_a.sentence: See United States v. Trejo-Zambrano, 582 F.2d 460, 464 (9th Cir.), cert. denied, 439 U.S. 1005 (1978); United States v. Johnson, 488 F.2d 1206, 1210 (1st Cir. 1973) (noting that testimony before grand jury or other “preliminary and separate proceeding” does not waive right to assert privilege at trial) (quotation omitted); 1 McCormick on Evidence, supra § 140, at 528; cf. State v. Lavallee, 119 N.H. 207, 210, 400 A.2d 480, 482 (1979) (finding that witness could assert privilege to avoid testifying at trial on matters she addressed during probable cause hearing, despite her prior admission to court that she had perjured herself during probable cause hearing).
citation_b.signal: cf.
citation_b.identifier: 400 A.2d 480, 482
citation_b.parenthetical: finding that witness could assert privilege to avoid testifying at trial on matters she addressed during probable cause hearing, despite her prior admission to court that she had perjured herself during probable cause hearing
citation_b.sentence: See United States v. Trejo-Zambrano, 582 F.2d 460, 464 (9th Cir.), cert. denied, 439 U.S. 1005 (1978); United States v. Johnson, 488 F.2d 1206, 1210 (1st Cir. 1973) (noting that testimony before grand jury or other “preliminary and separate proceeding” does not waive right to assert privilege at trial) (quotation omitted); 1 McCormick on Evidence, supra § 140, at 528; cf. State v. Lavallee, 119 N.H. 207, 210, 400 A.2d 480, 482 (1979) (finding that witness could assert privilege to avoid testifying at trial on matters she addressed during probable cause hearing, despite her prior admission to court that she had perjured herself during probable cause hearing).