Montana v. Imlay
| Citation | 121 L.Ed.2d 310,506 U.S. 5,113 S.Ct. 444 |
| Decision Date | 03 November 1992 |
| Docket Number | No. 91-687,91-687 |
| Parties | MONTANA, petitioner, v. Donald Glenn IMLAY |
| Court | United States Supreme Court |
The writ of certiorari is dismissed as improvidently granted.
When the trial judge revoked respondent's parole, he reinstated a 5-year sentence of imprisonment. On appeal, the Montana Supreme Court, in the decision before us, vacated the revocation order and remanded the case for resentencing. 249 Mont. 82, 813 P.2d 979 (1991). The trial court subsequently resentenced respondent, again to a 5-year term of imprisonment, and the Montana Supreme Court upheld that sentence in a judgment not now before us for review.
Thus, no matter which party might prevail in this Court, the respondent's term of imprisonment will be the same. At oral argument, neither counsel identified any way in which the interests of his client would be advanced by a favorable decision on the merits—except, of course, for the potential benefit that might flow from an advisory opinion.1 Because it is not the business of this Court to render such opinions, it wisely decides to dismiss a petition that should not have been granted in the first place.
We granted certiorari to consider whether the Fifth Amendment bars a State from conditioning probation upon the probationer's successful completion of a therapy program in which he would be required to admit responsibility for his criminal acts. In the decision below, the Montana Supreme Court held that, "absent any grant of immunity" from prosecution for incriminating statements made during therapy, the Fifth Amendment "prohibit[s] augmenting a defendant's sentence because he refuses to confess to a crime or invokes his privilege against self-incrimination." 249 Mont. 82, 91, 813 P.2d 979, 985 (1991). The constitutional question is an important one and the decision below places the Montana Supreme Court in conflict with other courts. See State v. Gleason, 154 Vt. 205, 576 A.2d 1246 (1990); Henderson v. State, 543 So.2d 344 (Fla.App.1989); Russell v. Eaves, 722 F.Supp. 558 (ED Mo.1989), appeal dismissed, 902 F.2d 1574 (CA8 1990). I believe we should decide the question and resolve the conflict.
As an initial matter, there can be no doubt that the decision below is a "final judgment" for purposes of 28 U.S.C. § 1257. Although the Montana Supreme Court remanded the case for resentencing, this is clearly a case in which "the federal issue, finally decided by the highest court in the State, will survive and require decision regardless of the outcome of future state-court proceedings." Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 480, 95 S.Ct. 1029, 1038, 43 L.Ed.2d 328 (1975); see also Brady v. Maryland, 373 U.S. 83, 85, n. 1, 83 S.Ct. 1194, 1195, n. 1, 10 L.Ed.2d 215 (1963).
At oral argument, however, two further questions were raised concerning whether any live controversy persists in this case. First, counsel for respondent stated that his client had been assured by state corrections officials that he would be paroled in the very near future. If this were true, the outcome of this case could have no practical effect upon respondent's sentence. Second, counsel for petitioner stated his belief that a probationer would enjoy immunity from prosecution for incriminating statements made during court-ordered therapy. This statement calls into doubt a critical assumption underpinning the Montana Supreme Court's judgment and might suggest that there really is no disagreement about the Fifth Amendment's application to this case.
In my view, however, neither party's representation is sufficient to deprive this case of its status as a case or controversy. First, as counsel for both parties readily acknowledged, there is nothing in the record to support the expectation of respondent's counsel that respondent will be paroled shortly without regard to his completion of the State's therapy program. As far as the record is concerned, a decision in this case would affect respondent's eligibility for parole and thus have real consequences for the litigants.
Nor does the State's "concession" that a defendant would have immunity from prosecution based upon...
To continue reading
Request your trial
-
Lile v. McKune
...of guilt), cert. granted, 503 U.S. 905, 112 S.Ct. 1260, 117 L.Ed.2d 489, cert. dismissed as improvidently granted, 506 U.S. 5, 113 S.Ct. 444, 121 L.Ed.2d 310 (1992). In this case, plaintiff's conviction has been rendered final by exhaustion of all direct review. Any admission of guilt now o......
-
State v. Fuller
...Imlay (1991), 249 Mont. 82, 813 P.2d 979, cert. granted, 503 U.S. 905, 112 S.Ct. 1260, 117 L.Ed.2d 489 cert. dismissed 506 U.S. 5, 113 S.Ct. 444, 121 L.Ed.2d 310 (1992). It therefore contends that there was no real prospect of sanctions if Fuller remained silent, despite Fuller's argument t......
-
In re Butts
...his guilt"), cert. granted sub nom. Montana v. Imlay, 503 U.S. 905, 112 S.Ct. 1260, 117 L.Ed.2d 489, cert. dismissed, 506 U.S. 5, 113 S.Ct. 444, 121 L.Ed.2d 310 (1992); compare Mace v. Amestoy, 765 F.Supp. 847 (D.Vt.1991) (probation revocation impermissible where defendant pled guilty to re......
-
McMorrow v. Little, 95-3862
...(1991), cert. granted, 503 U.S. 905, 112 S.Ct. 1260, 117 L.Ed.2d 489, and cert. dismissed as improvidently granted, 506 U.S. 5, 113 S.Ct. 444, 121 L.Ed.2d 310 (1992); United States v. Wright, 533 F.2d 214, 216-17 (5th Cir.1976) (per curiam); United States v. Laca, 499 F.2d 922, 927-28 (5th ......
-
Therapy for convicted sex offenders: pursuing rehabilitation without incrimination.
...591, 599-600 (1896) (may refuse to testify only if truly fear incrimination). (179) Imlay, 813 P.2d at 985. (180) See Montana v. Imlay, 506 U.S. 5, 6 (1992). By resentencing Imlay to a prison term instead of probation conditioned upon successful completion of a sex offender therapy program,......