State v. Daniel H. Bartelt, 2015AP2506-CR, 6/15/17, granting review of a published court of appeals opinion; case activity (including briefs) Issues: 1. After confessing to an attempted homicide or other serious crimes, would a reasonable person feel free to terminate a police interview and leave an interrogation room, such that the person in not “in… Read more
a. Ambiguous/unequivocal
State v. Christopher E. Masarik, 2015AP194-CR, District 1, 10/4/16 (not recommended for publication); case activity (including briefs) Masarik didn’t unequivocally assert his right to have counsel present while he was being questioned about an arson that resulted in the death of another, and his statement wasn’t involuntary despite his mental health difficulties. About two hours… Read more
State v. Johnnie Mertice Wesley, 2015AP590-CR, District 1, 7/6/16 (not recommended for publication); case activity (including briefs) Wesley asserted his right to remain silent during an initial interrogation, and the detectives stopped questioning him. Detectives approached him two more times to resume questioning, and during the third interrogation Wesley made incriminating statements. The court of appeals holds… Read more
State v. Johnny Jerome Jones, 2014AP342-CR, 3/24/14, District 1 (not recommended for publication); click here for docket and briefs Jones turned himself in for a hit-and-run accident that resulted in death. During the interrogation, and after being Mirandized, he asked the detective: “So ya’ll can get a public pretender right now?” The detective laughed and… Read more
State v. Carlos Cummings and State v. Adrean L. Smith, 2014 WI 88, 7/24/14, affirming per curiam court of appeals decisions in 2011AP1653-CR & 2012AP520-CR, majority opinion by Justice Ziegler; concurrence/dissent by Justice Prosser (joined by Justice Bradley); dissent by Chief Justice Abrahamson; case activity for Cummings and Smith These cases address whether two Mirandized suspects… Read more
Review of 2 unpublished per curiam court of appeals decisions in 2 unrelated cases now joined for purposes of oral argument. State v. Carlos A. Cummings, District 4 court of appeals decision, case activity State v. Adrean L. Smith, District 1 court of appeals decision, case activity Cummings and Smith both present the question of whether defendants… Read more
State v. Omar J. Smith, 2012AP863-CR, District 1, 9/10/13; (not recommended for publication); case activity A jury convicted Smith of first-degree reckless homicide while armed as party to a crime and a host of other crimes. Two issues are noteworthy. Miranda-Edwards issue: Police began questioning Smith while he was in custody. He invoked his right… Read more
State v. Andrew M. Edler, 2013 WI 73, on certification of the court of appeals; majority opinion by Justice Crooks; case activity Maryland v. Shatzer, 559 U.S. 98 (2010), allows police to reinitiate interrogation of a defendant who invoked his right to counsel if the defendant has been released from custody for at least 14… Read more
