Oliver Ray Carbutt v. Colorado
FifthAmendment DueProcess HabeasCorpus
When a court is required to advise a defendant of the privilege against self-incrimination during a presentence investigation for a sex offense?
QUESTIONS PRESENTED FOR REVIEW I. When a court is in the process of accepting a guilty plea for a sex offense that will require an intrusive presentence investigation including questions about uncharged sexual misconduct, is the court required to affirmatively advise the defendant that he has a privilege against self-incrimination during the presentence investigation? And, if so, II. Did the Colorado courts violate the due process clause of the Fourteenth Amendment by refusing to vacate Oliver Carbutt’s guilty plea? III. Does Carbutt’s conviction violate the due process clause of the Fourteenth Amendment because his plea was not knowing, intelligent, or voluntary, because he was misadvised about the maximum and minimum penalties?