State v. Edward Terrell Jennings, 2002 WI 44, on certification For Jennings: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether the police may continue to interrogate a suspect who has ambiguously asserted rights, — in this instance, “I think maybe I need to talk to a lawyer.” Holding: ¶36. Applying Davis, we conclude that Jennings’ statement to Detective… Read more
A. In-Custody, 5th Amendment
State v. Zan Morgan, 2002 WI App 124 For Morgan: Timothy A. Provis Issue: Whether Morgan was in custody, for Miranda purposes, after being handcuffed and placed in the back of a squad car. Holding: Custody is determined under “the totality of the circumstances, including such factors as: the defendant’s freedom to leave; the purpose, place, and length of… Read more
State v. James G. Langenbach, 2001 WI App 222 For Langenbach: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the state may call a defendant to testify, as an adverse witness, at Phase II of an NGI trial, following Phase I guilty plea. Holding: A guilty plea doesn’t necessarily result in loss of fifth amendment… Read more
State v. Susan M. Goetz, 2001 WI App 294 For Goetz: Nila J. Robinson Issue: Whether a person, detained during execution of a search warrant but not handcuffed until after questioning, was in custody for Miranda purposes. Holding: A suspect detained during execution of a search warrant isn’t in custody under Miranda. ¶12. In this case, Goetz was… Read more
State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.w.2d 142 For Badker: Timothy A. Provis Issue: Whether Badker’s in-custody assertion of his right to silence was scrupulously honored so as to allow re-interrogation. Holding: Badker was arrested for sexually assaulting his girlfriend. He was released on bail, conditioned on… Read more
State v. Joseph K. Bryant, 2001 WI App 41, 241 Wis. 2d 554, 624 N.W.2d 865 For Bryant: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether the “routine booking question” exception to Miranda permitted questions about biographical data. Holding: Miranda warnings need not precede routine questions that merely gather background biographical data in the booking… Read more
State v. Ondra Bond, 2000 WI App 118, 237 Wis. 2d 633, 614 NW2d 552, affirmed by equally divided vote, 2001 WI 56, 243 Wis. 2d 476, 627 N.W.2d 484 For Bond: William Coleman; Janet Barnes; Ellen Henak, SPD, Milwaukee Appellate Issue: Whether, following arrest but before administration of Miranda rights, an officer’s response to the suspect’s… Read more
State v. George W. Hindsley, 2000 WI App 130, 237 Wis. 2d 358, 614 N.W.2d 48 For Hindsley: James B. Connell Issue: Whether a deaf suspect, fluent in ASL but with limited proficiency in English, validly waived his Miranda rights, when those rights were explained to him in English-based (“transliteration”) signing. Holding: When the suspect… Read more
