State v. Esteban M. Gonzalez, 2010 WI App 104, reversed, 2011 WI 63, see: this post; for Gonzalez: Kristin Anne Hodorowski; BiC; Resp.; Reply Jury Instructions – Exposing Child to Harmful Materials The pattern instruction on exposing a child to harmful material, § 948.11(2)(a), accurately recites the elements, including scienter. ¶11 We agree with the trial… Read more
A. In-Custody, 5th Amendment
State v. Armando J. Castanada, No. 2009AP1438-CR, District I, 6/15/10 court of appeals decision (3-judge, not recommended for publication); for Castanada: Jeremy C. Perri; BiC; Resp.; Reply Appellate Review – Implicit Findings ¶30 The postconviction circuit court did not make any express findings as to the credibility of any of the witnesses’ testimony. However, as… 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
decision below: 2010 WI App 11; for Forbush: Craig Mastantuono; Rebecca M. Coffee Issues: Whether the right to counsel under the Wisconsin Constitution prohibits the state from interrogating a represented individual once the state is aware of the representation Whether a suspect made an equivocal request for counsel during police questioning, thereby invoking his right… Read more
court of appeals decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br. Miranda – Traffic Stop – Marijuana Odor and Probable Cause Suppression of passenger’s statement due to custodial interrogation without Miranda warnings leaves police without probable cause to arrest driver: ¶7 First, we will address the State’s argument that Kohel’s statement “[w]e just… Read more
court of appeals decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br. Miranda – Suppressed Statement and Probable Cause ¶7 First, we will address the State’s argument that Kohel’s statement “[w]e just smoked an hour ago” was voluntary and should not be suppressed. The trial court found, and we agree, that Kohel’s statement was the… Read more
court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br. “Booking Exception” to Miranda Questioning to determine Pugh’s “true identity” fell within “booking exception.” Sentencing Discretion Sentence upheld where “well within maximum” and addressed “the three primary factors.”… Read more
ussc decision “Edwards” Rule – 14-Day Expiry A “break in custody” ends the presumptive involuntariness of a statement following invocation of right to counsel; reinterrogation permitted after 14-day lapse. … The protections offered by Miranda, which we have deemed sufficient to ensure that the police respect the suspect’s desire to have an attorney present the… Read more
