State v. Phillip K. Saeger, 2009AP2133-CR, District 2, 8/11/10 court of appeals decision (3-judge, not recommended for publication); for Saeger: Michael J. Burr; BiC; Resp. Right to Silence During Custodial Interrogation Invocation of the right to silence during custodial interrogation must be clearly articulated, holding to that effect in State v. Ross, 203 Wis. 2d… Read more
3. Assertion/waiver of rights
Berghuis v. Thompkins, USSC No. 08-1470, 6/1/10 Thompkins’ acknowledgment that he prayed for God’s forgiveness for the shooting was admissible as valid waiver of Miranda rights, despite being preceded by nearly 3 hours of silence during custodial interrogation. Rights must be invoked unequivocally, or not at all: The Court has not yet stated whether an… Read more
State v. Jennifer L. Ward, 2009 WI 60, affirming unpublished opinion For Ward: T. Christopher Kelly Issue/Holding: Taken individually and collectively, Ward’s 3 statements were voluntary, weighing personal characteristics against police conduct. Personal characteristics, ¶23. Ward was: “relatively sophisticated and intelligent”; 35 years old; a high school graduate; prior conviction; the daughter of a police chief. Her “unprompted… Read more
State v. Marchand Grady, 2009 WI 47, affirming summary order For Grady: Carl W. Chessir Issue: Whether administration of Miranda rights in a noncustodial setting obviated the need for re-administration of rights when the interview became custodial about 2 and one-half hours later. Holding: ¶15 Grady advances a creative, but not heretofore unheard of argument. He asks us… Read more
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: Defendant’s request to call parents so they could call attorney for him was an insufficiently unequivocal assertion of his right to counsel: ¶36 We agree with the trial court’s conclusion that even if we assume that the defendant made… Read more
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: Where Miranda rights were properly given at the outset of the “first segment” of interrogation, re-administration of rights wasn’t necessary for “second segment,” several hours later, ¶¶24-28… Read more
State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: ¶25 … If a suspect requests counsel at any time during the interview, he or she is not subject to further questioning until a lawyer has been made available or the suspect himself or herself reinitiates conversation. … ¶26 The Fifth… Read more
State v. Scott M. Hambly, 2008 WI 10, affirming 2006 WI App 256 For Hambly: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶93 The defendant summarizes his argument that he did not voluntarily, knowingly, and intelligently waive his right to counsel, stating that at the time of his arrest, he was hungry, alone in the back seat… Read more
