· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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