Legal Opinion

Johnson v. Fabian

Court of Appeals of Minnesota

Decided April 4, 2006No. A05-2498PublishedCited by 6 opinions

1Opinion of the Court

OPINION

TOUSSAINT, Chief Judge.

This is an expedited appeal from an order denying appellant Frank Edward Johnson’s habeas petition challenging two decisions of respondents, officers and employees of the Department of Corrections (DOC), that extended appellant’s incarceration based on his refusal to make admissions as part of his mandated treatment. The district court concluded that neither decision violated appellant’s Fifth Amendment privilege. Because we conclude that respondents did not violate appellant’s Fifth Amendment privilege in sanctioning him with respect to the chemical-dependency…

2Cases cited13 opinions

  1. Bordenkircher v. HayesSupreme Court of the United States · 1978
  2. McKune v. LileSupreme Court of the United States · 2002
  3. Searcy v. SimmonsCourt of Appeals for the Tenth Circuit · 2002
  4. United States v. Guy Joseph DuchiCourt of Appeals for the Eighth Circuit · 1991
  5. Donhauser v. GoordDistrict Court, N.D. New York · 2004

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3Cited by6 opinions

  1. Dahl v. R.J. Reynolds Tobacco Co.Court of Appeals of Minnesota · 2007
  2. Johnson v. FabianSupreme Court of Minnesota · 2007
  3. State Ex Rel. Henderson v. FabianCourt of Appeals of Minnesota · 2006
  4. Roth v. Commissioner of CorrectionsCourt of Appeals of Minnesota · 2008
  5. Ricky James Bedell v. Tom Roy, Commissioner of CorrectionsCourt of Appeals of Minnesota · 2014

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