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· 8/6/2009

Huschak v. Gray

Citations

  • 642 F. Supp. 2d 1268
  • 2009 U.S. Dist. LEXIS 68770
  • 2009 WL 2413981

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that petitioner’s Double Jeopardy claim should have been raised before the military courts rather than the AFC&PB and thus was considered waived
  • noting that the constitutional protection against self-incrimination is not implicated where the result of non-compliance is a parole revocation rather than new “criminal liability”
  • noting that the constitutional protection against self-incrimination is not implicated where the result of non-compliance is a parole revocation rather than new “criminal liability”
  • “Inmates placed on MSR are deemed ‘as if on parole’ ... [and] are under the supervision of a U.S. Probation Officer.” (citation omitted)
  • “It does not matter whether the conditions were voluntary or involuntary ... [since] some parole systems are automatic.”
  • “Persons asserting a Fifth Amendment privilege are not exonerated from answering merely because they declare that in so doing they would incriminate themselves[;] their say-so does not of itself establish the hazards of incrimination.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Richard D. Rogers

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.