Murphy v. Commonwealth, 277 Va. 221

Summary

The Supreme Court of Virginia held that Code § 18.2-262 grants use and transactional immunity only to witnesses whose testimony is compelled. Because Simon Vaughn Murphy voluntarily testified against a codefendant in exchange for the Commonwealth's agreement to dismiss a transportation charge, the statute did not immunize him from prosecution for possession with intent to distribute marijuana. The court affirmed the Court of Appeals' judgment.

Holdings

1. Code § 18.2-262 grants immunity only to witnesses whose testimony is compelled; it does not grant statutory immunity when testimony is voluntarily given as part of a plea or cooperation arrangement.
2. Murphy was not entitled to dismissal of the possession-with-intent-to-distribute charge because his testimony was purely voluntary rather than compelled.

Questions Presented

1. Whether Code § 18.2-262 grants use and transactional immunity to a witness whose testimony is voluntarily given under an agreement with the Commonwealth.
2. Whether Murphy's voluntary testimony at his passenger's preliminary hearing entitled him to dismissal of the possession-with-intent-to-distribute charge.

Disposition

affirmed