State v. Randy L. Martin, 2010AP505-CR, District 1, 5/3/11 court of appeals decision (3-judge, not recommended for publication), reversed, 2012 WI 96; for Martin: Byron C. Lichstein; case activity Although Martin was in custody and had not received Miranda warnings, his statement wasn’t the result of “interrogation” and therefore wasn’t suppressible. When it appeared that Martin’s… Read more
2. Interrogation
State v. Brad E. Forbush, 2011 WI 25, reversing 2010 WI App 11; for Forbush: Craig A. Mastantuono, Rebecca M. Coffee; amicus: Colleen D. Ball, SPD, Milwaukee Appellate; case activity Forbush’s 6th amendment right to counsel had already attached – because a criminal complaint had been filed – and he had retained counsel before officers began interrogating him on… Read more
State v. Marlon M. Anderson, 2010AP742-CR, District 1/4, 12/9/10 court of appeals decision (3-judge, not recommended for publication); for Anderson: Angela Conrad Kachelski; Anderson BiC; State Resp. A defendant’s statement made voluntarily but in violation of Miranda isn’t admissible in the State’s case-in-chief, but is admissible if the defendant testifies and the statement is inconsistent with… 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
Docket Decision below (N.C. supreme court) Question Presented: Whether, in the context of interrogating a juvenile in a school setting, “custody” for purposes of triggering Miranda warnings is determined by a purely objective test; or includes subjective considerations such as the subject’s age and status as a special education student. Scotusblog page The nub of… 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State v. Robert Allen, Jr., 2009AP2596-CR , District 1, 9/14/10 court of appeals decision (3-judge, not recommended for publication); for Allen: Bradley J. Lochowicz; BiC; Resp.; Reply Interrogation Request for Counsel – Re-Initiation by Suspect Allen’s invocation of right to counsel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
7th Cir. decision; Order denying rehearing and amending opinion, 10/10/15 Habeas – Voluntary Statement – Juvenile State court determination that juvenile’s custodial statement to police was voluntary wasn’t objectively unreasonable., notwithstanding his age (15), borderline intellectual functioning and lack of criminal background. “(I)t is the totality of the circumstances underlying a juvenile confession, rather than… Read more
