For Immediate Release: July 21, 2014
Contact: Craig M. Sandberg, 312.263.7249, firstname.lastname@example.org
St. Louis, MO – The district court granted a Certificate of Appealability ("COA") related to Petitioner's §2254 petition and certified to the Court of Appeals one issue: (1) whether being required to complete the Missouri Sexual Offender Treatment Program (“MoSOP”) to be eligible for parole and/or release on his conditional release date violated petitioner's constitutional rights against self-incrimination because completion of MoSOP, in turn, required an admission of guilt to his crimes and the cessation of court actions challenging his convictions.
In Spencer v. State, 334 S.W.3d 559, (Mo. App. W.D. 2010), the Court held that the State's requirement that a convicted criminal admit to his responsibility for the sexual offenses of which he was convicted as a condition for successful completion of MoSOP is not in violation of the criminal's Fifth Amendment rights. The Court held that completion of MoSOP permits a convicted criminal of possible eligibility for conditional release or good-time credit.
"[A] prisoner seeking a COA need only demonstrate 'a substantial showing of the denial of a constitutional right.' 28 U.S.C. § 2253(c)(2). A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 338 (2003) (standard for issuing a Certificate of Appealability) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
WHAT: Certificate of appealability in Spencer v. Hurley (Docket No. 14-2716) issued by the United States District Court for the Eastern District of Missouri, Eastern Division (No. 4:11-cv-01306-AGF)
WHO: Craig M. Sandberg of the law firm of Muslin & Sandberg. Mr. Sandberg represents the petitioner pursuant to the Criminal Justice Act (“CJA”), Title 18, United States Code, §3006A the Criminal Justice Act (“CJA”), having been appointed by the U.S. Court of Appeals for the Eighth Circuit
WHERE: United States Court of Appeals for the Eighth Circuit, Thomas F. Eagleton U.S. Courthouse, 111 South 10th Street, St. Louis, Missouri