State v. Lavelle Edgar Young, 2024AP470, 12/26/24, District I (one-judge decision; ineligible for publication); case activity The Court of Appeals affirmed the circuit court’s order denying Lavelle Young’s motion to suppress physical evidence and his statements when an officer knocked on the window of his vehicle after observing Young sleeping in the driver’s seat of… Read more
A. In-Custody, 5th Amendment
State v. K.R.C., 2023AP2102, 10/30/24, District II (1-judge decision, ineligible for publication); case activity In a “close” suppression appeal, COA confronts a fact pattern arising from the intersection between policing and school discipline, finds that a reasonable 12-year old would have felt free to walk away from interviews with law enforcement and school authorities on… Read more
State v. Kruckenberg Anderson, 2023AP396-CR, 7/25/24, District IV (recommended for publication); case activity The tragic death of a newborn baby in the bucolic countryside of southwest Wisconsin prompted aggressive interrogation techniques by law enforcement that the Court of Appeals considered coercive in light of the suspect’s age of 16. But the court found that a… Read more
Johnnie Mertice Wesley v. Randall Hepp, No. 22-2968, 1/5/24 Wesley’s challenges to law enforcement conduct which resulted in him giving inculpatory statements fail, as the Seventh Circuit concludes that the Wisconsin Court of Appeals reasonably applied SCOTUS precedent. (See our post on the previous state court litigation here). Wesley was brought in for questioning related… Read more
State v. Kale K. Keding, 2022AP1373-CR & 2022AP1374-CR, District IV, 8/31/23, 1-judge decision ineligible for publication; case activity (briefs not available) In an eminently readable and refreshing opinion, COA methodically works through a battery of counterarguments to hold that police could not use statements Keding made after having been asked about a tissue he discarded into… Read more
Jones v. Cromwell, 75 F.4th 722 (7th Cir. 2022). In a disappointing defense loss, the Seventh Circuit holds that, at least under these circumstances, the defendant’s request for a “public pretender” was sufficiently ambiguous such that police had no obligation to cease their interrogation. This case should be familiar to readers of this blog and… Read more
State v. Rodney J. Ofte, 2021AP1302-CR, 4/21/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) After the State charged Ofte with OWI 2nd, he moved for suppression because Deputy Paulson had interrogated him in the back of a locked squad car without a Miranda warning. The circuit court suppressed all evidence from… Read more
State v. Nestor Luis Vega, 2021AP126-CR, District 4, 12/23/21 (not recommended for publication); case activity (including briefs) Vega testified at his trial on drug delivery charges and denied he had sold drugs to the informant and that the informant was not telling the truth. (¶12). On cross examination, the prosecutor, over defense counsel’s objections, asked… Read more
