Legal Opinion

State v. Diaz-Cardona

Court of Appeals of Washington

Decided September 27, 2004No. 53444-1-IPublishedCited by 8 opinions

1Opinion of the CourtBaker, J.

Juan Diaz-Cardona appeals a juvenile court’s order compelling his participation in a sex offender evaluation. He argues that he properly invoked his Fifth Amendment privilege against self-incrimination and that cooperating with the evaluation might lead to a longer confinement. We agree and conclude that a juvenile may invoke his privilege against self-incrimination and refuse to participate in such evaluations. Accordingly, we reverse the order compelling participation.

I

Juan Diaz-Cardona pleaded guilty to one count of child molestation in the second degree. At the time of the offense,…

2Cases cited20 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. In Re GAULTSupreme Court of the United States · 1967
  3. Estelle v. SmithSupreme Court of the United States · 1981
  4. Mitchell v. United StatesSupreme Court of the United States · 1999
  5. State v. AmmonsWashington Supreme Court · 2005

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3Cited by8 opinions

  1. State v. TAI N.Court of Appeals of Washington · 2005
  2. State v. Tai N.Court of Appeals of Washington · 2005
  3. Department of Social & Health Services v. WillisCourt of Appeals of Washington · 2005
  4. Jerry L. Barr v. Snohomish County SheriffCourt of Appeals of Washington · 2018
  5. In re Dependency of A.M.-S.Washington Supreme Court · 2020

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