Matthew J. Clair-Femrite , Student Legal Intern, and Robert R. Rigg , Supervising Attorney, Des Moines, for amicus curiae Drake University Legal Clinic, Criminal Defense Program.
Gary D. Dickey, Jr. of Dickey & Campbell Law Firm, P.L.C., Des Moines, for amicus curiae ACLU of Iowa.
Supreme Court of Iowa.
WATERMAN, Justice.
In this appeal, we must decide whether the sentencing court improperly penalized the defendant for invoking his Fifth Amendment right against self-incrimination. We conclude that when the district court asks the defendant a question at sentencing and then imposes an adverse sentencing consequence unrelated to any legitimate penological purpose of the inquiry because the defendant invoked his Fifth Amendment...
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