Legal Opinion

State v. Showalter

Court of Appeals of Kansas

Decided December 16, 2022No. 124598Published

1Opinion of the Court

No. 124,598 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. RICHARD DANIEL SHOWALTER, Defendant, (MATTHEW DOUGLAS HUTTO), Appellant. SYLLABUS BY THE COURT 1. Once defendants waive their privilege against self-incrimination under the Fifth Amendment to the United States Constitution as to a crime, they permanently waive this privilege because no future testimony could expose them to additional criminal punishment. 2. Unless defendants move to withdraw their guilty plea before sentencing, their Fifth Amendment privilege against self-incrimination terminates at…

2Cases cited18 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Baxter v. PalmigianoSupreme Court of the United States · 1976
  3. Lefkowitz v. TurleySupreme Court of the United States · 1973
  4. Rogers v. United StatesSupreme Court of the United States · 1951
  5. Mitchell v. United StatesSupreme Court of the United States · 1999

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