Colorado v. Roberson

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The State challenged a district court order denying the probation department's complaint to revoke Bryan Roberson's sex offender intensive supervision probation (SOISP). The State sought to revoke probation because Roberson (among other thins) allegedly failed to participate in a sex offender evaluation and treatment program, allegedly refusing to answer during a polygraph test. Roberson refused to answer on advice of counsel, fearing that the answers would be used against him in future criminal proceedings (he had a direct appeal of his conviction pending at the time of the polygraph test). The district court denied the State's revocation complaint, concluding that answering the questions would have violated Roberson's Fifth Amendment rights to self-incrimination. After review, the Supreme Court agreed with the district court and affirmed. View "Colorado v. Roberson" on Justia Law