Legal Opinion
Daniel L. Pens v. Kit Bail Kenneth W. Ducharme Isrb Chairperson
Court of Appeals for the Ninth Circuit
Decided May 16, 1990No. 88-4466PublishedCited by 24 opinions
1Per curiam
The Washington State Indeterminate Sentence Review Board (Board) appeals the district court’s grant of Daniel Pens’ habe-as corpus petition. The district court held the Board violated Pens’ fifth amendment right against self-incrimination by imposing an exceptional minimum sentence based on statements Pens made during post-eonviction, court-ordered, confidential therapy. We affirm.
I
Pens was convicted in 1981 on two counts of first degree rape and committed to the Western State Hospital (WSH) sexual psychopath treatment program. The WSH therapists assured Pens information he revealed during…
2Cases cited7 opinions
- In Re GAULTSupreme Court of the United States · 1967
- Estelle v. SmithSupreme Court of the United States · 1981
- Butler v. McKellarSupreme Court of the United States · 1990
- John Lewis Jones v. Harold J. Cardwell, Superintendent, Arizona State PrisonCourt of Appeals for the Ninth Circuit · 1982
- State v. PayneCourt of Appeals of Washington · 1986
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3Cited by24 opinions
- Jones v. StateCourt of Criminal Appeals of Texas · 2003
- Donald Edward Beaty v. Terry Stewart, DirectorCourt of Appeals for the Ninth Circuit · 2002
- State v. PostWashington Supreme Court · 1992
- Estrada v. StateIdaho Supreme Court · 2006
- United States v. David Olon HarringtonCourt of Appeals for the Ninth Circuit · 1991
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