Malloy v. Hogan

378 U.S. 1 (1964)

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Nature of the Case

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Facts

D was arrested during a gambling raid in 1959 by Hartford, Connecticut, police. He pleaded guilty to the crime of pool selling, a misdemeanor, and was sentenced to one year in jail and fined $500. The sentence was ordered to be suspended after 90 days, at which time he was to be placed on probation for two years. Sixteen months after his guilty plea, D was ordered to testify before a referee appointed by the Superior Court of Hartford County to conduct an inquiry into alleged gambling and other criminal activities in the county. D was asked a number of questions related to events surrounding his arrest and conviction. He refused to answer any question 'on the grounds it may tend to incriminate me.' The Superior Court adjudged him in contempt and committed him to prison until he was willing to answer the questions. D's application for a writ of habeas corpus was denied by the Superior Court, and the Connecticut Supreme Court of Errors affirmed. The Supreme Court of Errors held that the Fifth Amendment's privilege against self-incrimination was not available to a witness in a state proceeding, that the Fourteenth Amendment extended no privilege to him, and that the petitioner had not properly invoked the privilege available under the Connecticut Constitution. The Supreme Court granted certiorari.