State v. Richard Allen Hassel, 2005 WI App 80 For Hassel: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: Hassel’s noncustodial statement, “I can’t talk to you,” did not amount to a Miranda-protected assertion of rights, largely because such rights can’t be invoked “anticipatorily,” ¶¶8-15. (State v. Fencl, 109 Wis. 2d 224, 325 N.W.2d 703 (1982) distinguished as a rule of evidence safeguarding… Read more
3. Assertion/waiver of rights
A.M. v. Butler, 360 F.3d 787 (7th Cir. 2004) Issue/Holding: … In fact, the Supreme Court has consistently recognized that a confession or waiver of rights by a juvenile is not the same as a confession or waiver by an adult. A defendant’s age is an important factor in determining whether a confession is voluntary. ……… Read more
State v. Richard K. Fischer, 2003 WI App 5, PFR filed 1/15/03 For Fischer: Mark S. Rosen Issue/Holding: ¶19. Applying Davis and Jennings here, we conclude that Fischer’s statement to detectives that if the officers read him his rights he would not answer any questions and would request an attorney is sufficiently ambiguous or equivocal such that a reasonable officer… Read more
State v. Edward Terrell Jennings, 2002 WI 44, on certification For Jennings: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether the police may continue to interrogate a suspect who has ambiguously asserted rights, — in this instance, “I think maybe I need to talk to a lawyer.” Holding: ¶36. Applying Davis, we conclude that Jennings’ statement to Detective… Read more
State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.w.2d 142 For Badker: Timothy A. Provis Issue: Whether Badker’s in-custody assertion of his right to silence was scrupulously honored so as to allow re-interrogation. Holding: Badker was arrested for sexually assaulting his girlfriend. He was released on bail, conditioned on… Read more
State v. George W. Hindsley, 2000 WI App 130, 237 Wis. 2d 358, 614 N.W.2d 48 For Hindsley: James B. Connell Issue: Whether a deaf suspect, fluent in ASL but with limited proficiency in English, validly waived his Miranda rights, when those rights were explained to him in English-based (“transliteration”) signing. Holding: When the suspect… Read more
State v. Frederick G. Jackson, 229 Wis. 2d 328, 600 N.W.2d 39 (Ct. App. 1999), affirmed on habeas review, Frederick G. Jackson v. Frank, 02-1979, 11/6/03 For Jackson: Allan D. Krezminski. Issue/Holding: During custodial interrogation, Jackson asked for an attorney, and the detective gave erroneous advice, namely that Jackson could have an attorney once charges “were established”… Read more
