State ex rel. Rockie L. Douglas v. Brian Hayes, 2015 WI App 87; case activity (including briefs) Douglas’s probation was improperly revoked based on his refusal to answer his probation agent’s inquiry about Douglas’s suspected involvement in various criminal activities while on probation because he was not sufficiently informed, prior to his refusal, that he had… Read more
5. Confessions
State v. Eriberto Valadez, 2014AP2855-CR, District 1, 9/1/15 (not recommended for publication); case activity (including briefs) Under State v. Goetz, 2001 WI App 294, 249 Wis. 2d 380, 638 N.W.2d 386, Valadez wasn’t in custody for Miranda purposes during the execution of a search warrant of his home, so the police questioning of him during that… Read more
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
State v. Jesse J. Delebreau, 2015 WI 55, 6/16/15, affirming a published court of appeals decision; majority opinion by Prosser, concurrence by Roggensack, dissent by Abrahamson; case activity (including briefs) Last time SCOW addressed a defendant’s waiver of the right to counsel after being charged with a crime, the result was 5 separate opinions. Discerning the… Read more
State v. Raheem Moore, 2015 WI 54, 6/16/15, affirming a published decision of the court of appeals; majority opinion by Justice Prosser; case activity (including briefs) The supreme court affirms the court of appeals’ conclusion that 15-year-old Raheem Moore’s confession was voluntary, but it rejects the court of appeals’ reading of § 938.31, which requires juvenile confessions to… Read more
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State v. Johnny Jerome Jones, 2014AP342-CR, 3/24/14, District 1 (not recommended for publication); click here for docket and briefs Jones turned himself in for a hit-and-run accident that resulted in death.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
Practitioners take note. This opinion holds the seeds of controversy. SCOW’s ruling–that forcing a defendant to bare his teeth to the jury does not violate the 5th Amendment–is not so surprising. But Chief Justice Abrahamson’s concurrence, which announces the elimination of “opinion conferences” and new restrictions on the preparation of concurring and dissenting opinions seems alarming… Read more
