Highbaugh v. State

I concur in parts I, II, and III of the majority opinion, but dissent as to part IV of the opinion. As the majority points out, in Mitchell v. United States, 526 U.S. 314, 326, 119 S.Ct. 1307, 143 L.Ed.2d 424 (1999), the United States Supreme Court held that the privilege against self-incrimination contained in the Fifth Amendment exists until the possibility of further incrimination ceases, i.e., when “the sentence has been fixed and the judgment of conviction has become final.” The Supreme Court in Mitchell did not define the point at which a judgment of conviction becomes final for Fifth…