No. 20-1683

James A. Gideon v. Ohio

Lower Court: Ohio
Docketed: 2021-06-04
Status: Denied
Type: Paid
Response Waived
Tags: disciplinary-investigation exclusionary-rule fifth-amendment garrity-doctrine garrity-v-new-jersey professional-license self-incrimination
Key Terms:
ERISA FifthAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether a professional license holder's objectively reasonable, subjective belief that assertion of the Fifth Amendment privilege against self-incrimination during a disciplinary investigation will result in revocation or suspension of his license is sufficient to trigger application of the exclusionary rule announced in Garrity v. New Jersey, 385 U.S. 493 (1967)

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether a professional license holder’s objectively reasonable, subjective belief that assertion of the Fifth Amendment privilege against self-incrimination during a disciplinary investigation will result in revocation or suspension of his license is sufficient to trigger application of the exclusionary rule announced in Garrity v. New Jersey, 385 U.S. 493 (1967)? Whether a professional license holder’s subjective belief that assertion of the Fifth Amendment privilege against self-incrimination will result in revocation or suspension of his license is objectively reasonable where a state statute expressly authorizes such a penalty for refusing to cooperate and truthfully answer questions during a disciplinary investigation, and a disciplinary investigator abuses his authority under the statute for the purpose of obtaining an admission for use in a criminal prosecution? i

Docket Entries

2021-10-04
Petition DENIED.
2021-06-16
DISTRIBUTED for Conference of 9/27/2021.
2021-06-07
Waiver of right of respondent State of Ohio to respond filed.
2021-05-29
Petition for a writ of certiorari filed. (Response due July 6, 2021)

Attorneys

James Gideon
Dennis C. Belli — Petitioner
State of Ohio
Anthony L. GeigerCity of Lima, Ohio Law Department, Respondent