APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

Bennett v. Bigelow, 2016 UT 54 (Nov. 25, 2016)

Nov 25, 2016

The Supreme Court analyzed whether a parolee could assert a Fifth Amendment challenge to the revocation of his parole based upon his participation in a sex offender treatment program that required the disclosure of past charged or uncharged sex offenses.  Reversing the district court, the Supreme Court held that genuine issues of material fact precluded summary judgment in favor of the State on the Fifth Amendment claim.  Among other things, the Supreme Court recognized that “a threat to revoke a defendant’s parole constitutes compulsion for purposes of the Fifth Amendment.”