Legal Opinion

State v. Hanson

Idaho Supreme Court

Decided January 6, 2012No. 38512PublishedCited by 7 opinions

1Opinion of the Court

HORTON, Justice.

Matthew W. Hanson was convicted of aggravated assault. At the sentencing phase, he exercised his Fifth Amendment privilege against self-incrimination and declined to participate in the preparation of the presen-tence investigation (PSI) report. Hanson later moved the court to order a presentenee psychological evaluation. The district court ruled that unless Hanson agreed to participate in the PSI, his motion would be denied on the ground that a defendant may not selectively invoke his Fifth Amendment privilege with respect to different aspects of a single subject. Hanson again…

2Cases cited25 opinions

  1. Drope v. MissouriSupreme Court of the United States · 1975
  2. Murphy v. HuntSupreme Court of the United States · 1982
  3. Rogers v. United StatesSupreme Court of the United States · 1951
  4. Brown v. United StatesSupreme Court of the United States · 1958
  5. State v. OliverIdaho Supreme Court · 2007

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3Cited by7 opinions

  1. State v. Faron Raymond HawkinsIdaho Supreme Court · 2015
  2. State v. Richard Turner KerrIdaho Court of Appeals · 2018
  3. State v. James Darnell BlackIdaho Court of Appeals · 2017
  4. Judy Nield v. Pocatello Health ServicesIdaho Supreme Court · 2014
  5. Nield v. Pocatello Health Services, Inc.Idaho Supreme Court · 2014

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