AD1 reduces CAL client's risk-level assessment, rejecting claim that he should be punished for refusing to admit guilt while his appeal was pending.


In a risk-level proceeding, supreme court assessed points because CAL client KW had declined to take responsibility for the underlying offense while his appeal of his conviction was still pending. AD1 found that requiring KW to accept responsibility could have resulted in his admissions being used against him at any retrial, violating his Fifth Amendment rights. As a result, AD1 found that the points had been improperly assigned and reduced KW’s risk level from 2 to 1. CAL attorney Shaina Watrous represented KW on appeal; John Palmer represented KW at the risk-level proceeding.