
    In re EAST BATON ROUGE PARISH SPECIAL GRAND JURY SUBPOENA ISSUED TO Robert S. ATKINSON.
    No. 87-KK-0571.
    Supreme Court of Louisiana.
    April 20, 1987.
    Rehearing Denied May 15, 1987.
   In re Atkinson, Robert S.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, First Circuit, Number KW-87-0205; Parish of East Baton Rouge 19th Judicial District Div. “A” Number 2-87-433.

Granted. The ruling of the trial court is reinstated and the Court of Appeal ruling is reversed.

COLE, J.,

would deny. I am not convinced the sole or dominant purpose of the Attorney General’s office in calling relator before the special grand jury is to bolster the state’s case against him on the pending criminal charges, or to bait him into an additional charge of perjury. The grant of use and derivative use immunity under La.C.Cr.P. art. 439.1 will supplant relator’s Fifth Amendment privilege and require him to appear and testify before the special grand jury.  