The 5th Amendment is an invincible shield against takings claims but not against self-incrimination and double jeopardy claims. And, of course, the justices political leanings influence their positions. Click SCOWstats for the justice-by-justice analysis… Read more
A. In-Custody, 5th Amendment
State v. Brian L. Halverson, 2019 WI App 66; petition for review granted 3/17/20; affirmed 1/29/21; case activity (including briefs) Until now, Wisconsin held that a person who is interviewed by law enforcement while incarcerated is per se in custody and thus must receive a Miranda warning. State v. Armstrong, 223 Wis. 2d 331, 588 N.W. 2d… Read more
State v. Ulanda M. Green, 2018AP1350-CR, petition for review granted 9/3/19; case activity (including briefs) Issues: Whether law enforcement’s “dialogue” with Green amounted to an “interrogation” that should have been preceded by a Miranda warning? Whether Green invoked her right to remain silent when law enforcement asked her if she would like to make a… Read more
State v. Christopher J. Durski, 2018AP1750-CR, District 2, 8/21/19 (one-judge decision; ineligible for publication); case activity (including briefs) Durski was arrested at a motel, where he had decamped after a family dispute. In investigating the family dispute police learned Durski drank alcohol before leaving for the motel, so they tracked him down. Durski wasn’t in… Read more
State v. Traci Busha, 2018AP1863, 8/20/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Ms. Busha’s car was stuck in a ditch on the outskirts of Superior. A responding police officer found her alone in the passenger seat. She had been drinking but said she hadn’t been driving; her boyfriend “Scott” had… Read more
State v. Peter J. Hanson, 2019 WI 63, 6/5/19, affirming an unpublished decision of the court of appeals; case activity (including briefs) Hanson was called to testify at a John Doe proceeding looking into an unsolved homicide. He was eventually charged with the crime, and at his trial the jury heard a portion of Hanson’s John… Read more
State v. Ulanda M. Green, 2018AP1350-CR, District 1, 5/29/19 (not recommended for publication), petition for review granted, 9/3/19; case activity (including briefs) Green sought to suppress incriminating statements she made to police both before and after being given the Miranda warnings. The court of appeals holds that the pre-Miranda statement Green made was not the product… Read more
Marquette County v. Christopher Patrick Bray, 2018AP665, 2/28/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs). Bray was convicted of OWI. He argued that the circuit court should have suppressed statements he made to a sergeant during a traffic stop because he wasn’t Mirandized. The court of appeals held that Bray wasn’t… Read more
