State v. David D. Hartl, Jr., 2014AP2921-CR, District 3, 7/28/15 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) In this OWI case, trial counsel moved to exclude reference to the 911 call about a possible drunk driver, which is what led to police to look for Hartl’s car and ultimately stop him. The… Read more
A. In-Custody, 5th Amendment
State v. Mastella L. Jackson, 2015 WI App 49, petition for review granted, 10/8/15, affirmed, 2016 WI 56; click here for briefs This decision is SCOW bait. Police in Outagamie County engaged in what the court of appeals called “reprehensible” actions while interrogating the defendant. “Outraged” the circuit court suppressed the defendant’s statements to police and… Read more
State v. Johnny Jerome Jones, 2014AP342-CR, 3/24/14, District 1 (not recommended for publication); click here for docket and briefs Jones turned himself in for a hit-and-run accident that resulted in death. During the interrogation, and after being Mirandized, he asked the detective: “So ya’ll can get a public pretender right now?” The detective laughed and… Read more
State v. Isaiah N. Triggs, 2014AP204-CR, District 1, 10/28/14 (not recommended for publication); case activity Trial counsel wasn’t ineffective for waiving a preliminary hearing in Triggs’s homicide prosecution or for failing to move to suppress Triggs’s confession. Further, the circuit court’s plea colloquy with Triggs was not defective and the circuit court didn’t erroneously exercise… Read more
State v. David A. Myhre, 2014AP376-CR, District 4, 10/23/14 (1-judge decision; ineligible for publication); case activity Myhre was not in custody for Miranda purposes when he answered questions posed by a DNR warden while sitting in the warden’s truck. Thus, the warden was not required to advise Myhre of his Miranda rights. Myhre was being questioned by the warden about illegal… Read more
State v. Jody A. Bolstad, 2014AP915-CR, 10/2/14, District 4, (1-judge opinion, ineligible for publication); case activity Bolstad shot a deer decoy from the window of his friend’s pick-up truck while a DNR warden was watching. Afterwards, while sitting in a DNR car, he confessed to the warden and signed a written statement. The State charged… Read more
State v. Marie A. Ezell, 2014 WI App 101; case actvity Prison guards overheard Ezell tell her incarcerated boyfriend that she would smuggle in drugs for him on her next visit. When she tried to follow through, the guards detained her in a conference room, questioned her, and obtained damning evidence. Due to the lack… Read more
State v. Carlos Cummings and State v. Adrean L. Smith, 2014 WI 88, 7/24/14, affirming per curiam court of appeals decisions in 2011AP1653-CR & 2012AP520-CR, majority opinion by Justice Ziegler; concurrence/dissent by Justice Prosser (joined by Justice Bradley); dissent by Chief Justice Abrahamson; case activity for Cummings and Smith These cases address whether two Mirandized suspects… Read more
