Legal Opinion

State v. JOCKUMSEN

Idaho Court of Appeals

Decided April 1, 2010No. 34581PublishedCited by 4 opinions

1Opinion of the Court

LANSING, Chief Judge.

On appeal from his judgment of conviction for attempted strangulation, Michael L. Jockumsen argues that the district court violated his Fifth Amendment privilege against self-incrimination and Idaho Code § 18-215 by considering for sentencing purposes information contained in reports of psychiatrists who performed competency evaluations of Jockumsen. Jockumsen also asserts that the district court erred when it failed to sua sponte order a separate mental health evaluation for sentencing purposes pursuant to I.C. § 19-2522. We vacate Jockumsen’s sentence and remand for…

2Cases cited24 opinions

  1. Estelle v. SmithSupreme Court of the United States · 1981
  2. Buchanan v. KentuckySupreme Court of the United States · 1987
  3. Maxwell D. White, Jr. v. Betty Mitchell, WardenCourt of Appeals for the Sixth Circuit · 2005
  4. State v. SheahanIdaho Supreme Court · 2003
  5. Powell v. TexasSupreme Court of the United States · 1989

19 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. RollinsIdaho Court of Appeals · 2011
  2. James Neil Moen v. StateIdaho Court of Appeals · 2014
  3. State v. HansonIdaho Court of Appeals · 2011
  4. State v. Tyler Ray CarterIdaho Court of Appeals · 2012

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