State v. David W. Stevens, 2012 WI 97, affirming unpublished decision; case activity Miranda-Edwards Rule – Invocation of Counsel, Initiation of Contact by Suspect Where an in-custody suspect invokes his right to counsel and interrogation immediately ceases, but the suspect himself then initiates a request to continue the interrogation, the police may proceed with questioning if fresh Miranda warnings are given and validly waived. Edwards v… Read more
a. Ambiguous/unequivocal
on petition for review of unpublished decision; for Stevens: Paul G. LaZotte, SPD, Madison Appellate; case activity Issues (provided by court): If a suspect in custody initiates communication with the police after previously invoking his Miranda right to consult with an attorney but has yet to again waive his Miranda rights, do the police violate… Read more
State v. Patrick E. Hampton, 2010 WI App 169 (recommended for publication); for Hampton: Michael S. Holzman; BiC; Resp.; Reply Custodial Interrogation – Request for Counsel To invoke the 5th amendment right to counsel during custodial interrogation, the suspect must assert the right unambiguously, something Hampton did not do. ¶30 Hampton alleges that detectives ignored him… Read more
State v. Robert Allen, Jr., 2009AP2596-CR , District 1, 9/14/10 court of appeals decision (3-judge, not recommended for publication); for Allen: Bradley J. Lochowicz; BiC; Resp.; Reply Interrogation Request for Counsel – Re-Initiation by Suspect Allen’s invocation of right to counsel terminated his interrogation, but he immediately re-initiated communication with the police by asking “what’s going on”: ¶15 “Even… Read more
State v. Adamm D.J. Linton, 2010 WI App 129; for Linton: Joseph E. Redding; BiC; Resp.; Reply Interrogation – Ambiguous Request for Counsel Initial custodial questioning terminated when Linton invoked his right to silence. During subsequent re-interrogation, Linton said, “when I asked for a lawyer earlier, why wasn’t he appointed to me?” The detective indicated… Read more
State v. Phillip K. Saeger, 2009AP2133-CR, District 2, 8/11/10 court of appeals decision (3-judge, not recommended for publication); for Saeger: Michael J. Burr; BiC; Resp.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
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
