State of Vermont v. Myron Gleason

Summary

The Supreme Court of Vermont affirmed the revocation of Myron Gleason's probation, holding that a special condition requiring him to discuss the sexual issues surrounding his offenses with a psychologist was not facially invalid under the Fifth and Fourteenth Amendments because his nolo contendere conviction, once sentenced, left him no privilege against self-incrimination as to that offense and the condition reached only matters relevant to his probationary status and rehabilitation. The court further held that including Gleason's 1973 felony sexual-offense conviction in the counseling condition was reasonably related to rehabilitation, that he received fair notice that refusal to discuss the convictions would violate probation, and that the evidence of violation was sufficient. His self-incrimination and separation-of-powers arguments were unpreserved and reviewed only for plain error or declined outright.