Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination

by Sam Rutherford

The Supreme Court of Kansas held that a defendant’s privilege against compelled self-incrimination concerning his alleged criminal conduct survived his guilty plea and sentences for that alleged offense where legal avenues remained open to the defendant to challenge the guilty plea. The Court therefore vacated a judgment …