Path: bloom-picayune.mit.edu!snorkelwacker.mit.edu!americast.com!americast.com!americast-post Newsgroups: americast.twt.news From: americast-post@AmeriCast.Com Organization: American Cybercasting Approved: americast-post@AmeriCast.com Subject: Court declines review Date: Wed, 4 Nov 92 16:16:30 EST Message-ID: \SE A;NATION \HD Court declines review \BY THE WASHINGTON TIMES Supreme Court justices said yesterday they erred in agreeing earlier this year to review a case determining whether states could make probation contingent on therapy programs that require convicted criminals to admit guilt. Eight justices dismissed the case - all without comment except for Justice John Paul Stevens who wrote "No matter which party might prevail in this Court, the respondent's term of imprisonment will be the same." The court "wisely decides to dismiss a petition that should not have been granted in the first place," he added. Justice Byron White was the lone justice who thought the court should have decided the case. In May 1989, Donald Imlay, then 56, was arrested and charged with sexually assaulting a 7-year-old girl. A jury later convicted him on the charge, and the trial judge sentenced Imlay to five years in prison. Because he had no prior record and was not considered likely to repeat the offense, the judge suspended the sentence and placed Imlay on probation on the condition that he enroll in a sexual therapy program. Imlay was unable to find a program that did not require him to admit his guilt as part of the therapy process. He refused to admit to the crime, and the trial court revoked his probation. Imlay appealed the decision to Montana's Supreme Court, which reversed the ruling. The court sent the case back for resentencing, and Imlay received the same sentence, which was subsequently upheld by the Montana Supreme Court. Imlay then appealed to the U.S. Supreme Court. This article is copyright 1992 The Washington Times. Redistribution to other sites is not permitted except by arrangement with American Cybercasting Corporation. For more information, send-email to usa@AmeriCast.COM