State v. Manuel Garcia, 2021 WI 76, 9/24/21, affirming a published decision of the court of appeals; case activity (including briefs) As explained in our post on the published decision, the court of appeals held that a defendant’s voluntary statement obtained in violation of Miranda can’t be used in the state’s case-in-chief, even for impeachment… Read more
A. In-Custody, 5th Amendment
State v. Daniel J. Rejholec, 2021 WI App 45; case activity (including briefs) Police arrested Rejholec on suspicion of sexual assault of a minor. After receiving the Miranda admonitions, Rejholec agreed to speak with a detective. The interrogation was recorded on video. That video reveals the detective’s aggressive deployment of the so-called Reid technique: a… Read more
State v. Chardez Harrison, 2019AP2151, 3/23/21, District 1 (not recommended for publication); case activity (including briefs) Harrison was arrested on suspicion of some armed robberies and carjackings. While he was in custody, a detective read him the Miranda warnings. The version of the warnings printed on cards for the Milwaukee police to use apparently concludes… Read more
State v. Brian L. Halverson, 2021 WI 7, affirming a published court of appeals opinion, 2018AP858CR; case activity (including briefs) Halverson was interrogated over the phone by a police officer while he was in jail on an unrelated matter. Wisconsin courts once treated incarceration as per se Miranda custody, believing that was the law SCOTUS… Read more
State v. Manuel Garcia, 2018AP2319-CR, petition for review granted 1/20/21; case activity Issue for review: (adapted from the State’s PFR and the COA’s opinion): Whether the State may invoke the impeachment exception to the exclusionary rule during its case-in-chief and thereby use a defendant’s statement, taken in violation of Miranda, to rehabilitate one of its… Read more
State v. Brian v. Rotolo, 2019AP2061-CR, petition for review granted 12/28/20; case activity Issue presented (adapted from the petition for review): In State v. Lonkoski, 2013 WI 30, ¶6, 346 Wis. 2d 523, 828 N.W.2d 552, SCOW held that the test for Fifth Amendment Miranda custody is whether “a reasonable person would not feel free… Read more
State v. Manuel Garcia, 2020 WI App 71, petition to review granted, 1/20/21, affirmed by an evenly divided court, 2021 WI 76; case activity (including briefs) Even if a court suppresses a defendant’s voluntary statement because it was obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966), the state may use the statement… Read more
State v. Adam W. Vice, 2018AP2220-CR, petition for review of a published, split opinion granted August 20, 2020, case activity Issue for review: (State’s petition for review; Vice’s response) During a post-polygraph interview, police repeatedly referenced Vice’s polygraph test results and failed to inform him that the results would be inadmissible in court. Did the… Read more
