State v. Frank Plum, 2011AP956-CR, District 3, 11/1/11 court of appeals decision (1-judge, not for publication); for Plum: Martha K. Askins, SPD, Madison Appellate; case activity The officer who stopped Plum for suspected drunk driving testified that Plum refused to answer questions about the type or amount of medication he had consumed: this amounted to… Read more
6. Evidentiary use of silence
State v. Thomas S. Mayo, 2007 WI 78, affirming unpublished opinion For Mayo: Keith A. Findley, UW Law School Issue/Holding: ¶46 We agree with Mayo’s position, and the State’s concession at oral argument, that the prosecutor’s remarks on Mayo’s pre-Miranda silence, and the testimony she elicited in that regard, during the State’s opening statement and case-in-chief, violated Mayo’s… Read more
State v. Caltone K. Cockrell, 2007 WI App 217, PFR filed For Cockrell: Paul R. Nesson, Jr. Issue/Holding: ¶16 Building on footnote 11 in Doyle, courts have recognized situations in which it is not a violation of due process for the prosecutor to elicit on cross-examination the fact of the defendant’s post- Miranda silence for… Read more
State v. Caltone K. Cockrell, 2007 WI App 217, PFR filed For Cockrell: Paul R. Nesson, Jr. Issue/Holding: ¶31 … (A)s long as the prosecutor does not ask the jury to make a direct inference of guilt from the defendant’s post-arrest silence, asking the jury to draw inferences that impeach the defendant’s volunteered testimony on… Read more
State v. Maurice S. Ewing, 2005 WI App 206 For Ewing: David R. Karpe Issue/Holding: Where the defendant waived his rights and gave pre-trial statements to the police and presented an alibi defense at trial, prosecutorial evidence that the defendant had not revealed the alibi during those statements, and exploitation of that omission during closing argument… Read more
