State v. Fuller

I concur with the majority opinion and all that is included in its discussion. I write separately to respond to the dissenting opiMon wMch seems to unnecessarily confuse what should be a straightforward application of clear constitutional principles.

The Fifth Amendment of the United States Constitution provides in relevant part that “ [n] o person shall be ... compelled in any criminal case to be a witness against himself.”

Article II, Section 25, of the Montana Constitution provides that “[n]o person shall be compelled to testify against himself in a criminal proceeding.”

The United States…