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DeFOY v. McCULLOUGH

No. 03-3474.

393 F.3d 439 (2005)

Robert DeFOY, Appellant v. John M. McCULLOUGH, Superintendent: Gerald J. Pappert, Att. General: Pennsylvania Board of Probation and Parole.

United States Court of Appeals, Third Circuit.

Filed January 4, 2005.

Attorney(s) appearing for the Case

Thomas W. Patton, (Argued), Office of Federal Public Defender, Erie, PA, for Appellant.

Scott A. Bradley, (Argued), Office of Attorney General of Pennsylvania, Pittsburgh, PA, James K. Vogel, Office of District Attorney, Erie, PA, for Appellees.

Before NYGAARD, McKEE, and WEIS, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

This case arises from a situation that is troubling on several accounts: First, because it highlights the procedural morass that state prisoners face in pursuing habeas relief, and second, because it illustrates the tension between what should be the touchstone of any penal system-rehabilitation — and a convicted sex offender's rights against self-incrimination under the Fifth Amendment. Presently, we must...

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