Legal Opinion
State v. Goforth
Court of Appeals of Kansas
Decided November 22, 2024No. 125580Published
1Opinion of the Court
No. 125,580 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. THOMAS GOFORTH, Appellant. SYLLABUS BY THE COURT 1. The Fifth Amendment to the United States Constitution forbids a State from compelling self-incriminating statements as a condition of probation or supervised release, and then using the statements to prosecute a new crime. 2. A Fifth Amendment privilege must generally be claimed when self-incrimination is threatened. But an exception applies when an individual's assertion is penalized so as to foreclose a free choice to remain silent, such as when the…
2Cases cited26 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Minnesota v. MurphySupreme Court of the United States · 1984
- Maness v. MeyersSupreme Court of the United States · 1975
- Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty.Supreme Court of the United States · 2004
- Garner v. United StatesSupreme Court of the United States · 1976
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