Tuesday, January 16, 2018

US v. Hulen, No. 16-30160 (1-10-18)(Clifton w/Wardlaw & Owens).

The 9th affirms a SR revocation based on the defendant's admissions during mandatory sex offender treatment.  "There was no violation of Hulen's right against self-incrimination because a proceeding to revoke supervised release is not a criminal case for the purposes of the Fifth Amendment." (11). SR gets due process lite--it is not a criminal case, with the full panoply of constitutional protections; it is not new punishment for a new crime. Rather, it is conditional liberty.  The right against self-incrimination only extends to prohibit the use of an admission in a criminal case.  There was no new crime charged here.

The case contains a listing of rights not afforded a defendant on SR: self-representation does not apply; right of confrontation does not apply; corroboration of a confession is not required; collateral estoppel does not bar a subsequent revocation after an acquittal. (8).
The decision is here:



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