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McKathan: Probationer was "Compelled" For Fifth Amendment Purposes to Truthfully Answer Probation Officer's Questions

By Tim Cone

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In McKathan v. United States, No. 17-13358 (Aug. 12, 2020) (Rosenbaum, Branch, Dubina), the Court vacated the denial of a 2255 motion asserting ineffective assistance of counsel for failing to file a motion to suppress statements that he made to a probation officer while he was on supervised release. The question was whether the movant would have established a violation of his privilege against self-incrimination. Because he never invoked the privilege, he had to show that he was compelled to make the incriminating statements. Resolving that question affirmatively, the Court concluded that, in light of binding precedent, he was faced with a ?classic penalty situation? because he could reasonably believe that his supervised release would be revoked if he did not truthfully answer the probation officer?s questions...continue to full post

Full post as published by Defense Newsletter Blog on August 12, 2020 (boomark / email).