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· 6/4/1999

Kona Enterprises, Inc. ex rel Handford's, Inc. v. Estate of Bishop ex rel. Peters

Citations

  • 179 F.3d 767
  • 99 Cal. Daily Op. Serv. 4280
  • 44 Fed. R. Serv. 3d 225
  • 99 Daily Journal DAR 5463
  • 1999 U.S. App. LEXIS 11345
  • 1999 WL 356093

How courts have described this case

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

  • finding that resolving the question was unnecessary given the facts of the case
  • noting that I.C. § 35-50-6-1(b), which limits an offender's term of parole to the lesser of twenty-four months or the expiration of the offender's fixed term of imprisonment, does not apply to sex offenders under I.C. § 35-50-6-1(d)
  • rejecting the argument that because a Fifth Amendment violation can oeeur only when an incriminating statement is used against a defendant in a criminal trial, the defendant's attempt to challenge a sex offender treatment program on self-inerimination grounds was not ripe
  • Indiana Supreme Court agreed with the rationale in Collins regarding the overly broad probation condition
  • “while a parole is an amelioration of punishment, it is, in legal effect, still imprisonment”
  • “[The SOMM program’s] requirements do not violate the Fifth Amendment's privilege against self-incrimination.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Farris, Graber

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.