Idaho v. Van Komen, Jr.
Annotate this CaseIn 2010, defendant William Dee Van Komen, Jr. was sentenced to five years in the custody of the Idaho Board of Correction, with the first two years fixed and the remaining three years indeterminate, for possession of marijuana with the intent to deliver. The court retained jurisdiction over the case for 180 days. Prior to the termination of the period of retained jurisdiction, the trial court had the discretion to suspend the sentence and place the defendant on probation. If the period of retained jurisdiction expired without the court affirmatively suspending the sentence and placing the defendant on probation, the court loses jurisdiction, and the defendant remains committed to the custody of the Board of Correction. In this case, the district court held a “rider-review” hearing to determine whether to suspend defendant’s sentence. The Department and the prosecutor recommended that defendant be placed on probation. The court agreed, and it suspended defendant’s sentence and placed him on probation for a period of five years. Defendant later admitted violating the terms of his probation, and in 2013, the court entered an order continuing defendant on probation with an additional term that he successfully complete a specified rehabilitation program. At the arraignment on the alleged probation violations, defendant admitted two, and a third alleged violation was withdrawn. The district court revoked defendant’s probation, but again retained jurisdiction, this time for 365 days. The court again held a rider-review in 2014, and at the conclusion, it was again recommended defendant be placed on probation. The district court then brought up the failure of Defendant to have a polygraph examination “to assess the truthfulness as to, one, no drugs or alcohol after March 28th, 2013, and the extent of sexual activity with [the sixteen-year-old girl].” Defense counsel told the court that he would advise Defendant to assert his Fifth Amendment rights with respect to his involvement with the girl because that could lead to additional charges. The court then ordered that it would relinquish jurisdiction and have Defendant serve the prison sentence because he had not had a polygraph test. The Court of Appeals, which affirmed the judgment of the district court on the ground that there was no Fifth Amendment violation because Defendant did not have a liberty interest in being placed on probation and the court’s refusal to place Defendant on probation did not extend the length of Defendant’s sentence. Finding that the trial court violated defendant's Fifth Amendment rights in using the refusal to take the polygraph test as grounds for its judgment, the Supreme Court vacated the district court's order and remanded for further proceedings.
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