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Dombrowski: 5th Amend. Right Not "Clearly Established" for Prior Conviction Admissions

By Tim Cone

In Dombrowski v. Mingo, No. 05-13140 (Oct. 3, 2008), the Court affirmed the denial of habeas corpus relief to a Florida inmate, who claimed that a Florida state judge violated his Fifth Amendment privilege against self-incrimination when, without warning Mingo of the consequences, he asked Mingo to admit, for purposes of enhancing his sentence as a Florida "habitual offender," that he had several prior felony convictions.The Court recognized that in Miranda the Supreme Court broadly stated the scope of the privilege, and recognized caselaw in other circuits which held that the privilege applies when a court inquires of a defendant?s previous convictions for habitual offender enhancement purposes. However, the Court noted that some circuits did not construe the Fifth Amendment to apply in this situation...continue to full post

Full post as published by Defense Newsletter Blog on October 06, 2008 (boomark / email).