State v. Isaiah N. Triggs, 2014AP204-CR, District 1, 10/28/14 (not recommended for publication); case activity Trial counsel wasn’t ineffective for waiving a preliminary hearing in Triggs’s homicide prosecution or for failing to move to suppress Triggs’s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
5. Confessions
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. Joel I.-N., 2014 WI App 119; case activity The unrecorded statement Joel I.N., a juvenile, gave to the police was admissible despite the fact the police failed to record the statement as required by §§ 983.195(2)(b) and 938.31(3)(b) because “exigent public safety circumstances” rendered recording his statement infeasible under § 938.31(3)(c)5. Joel also knowingly, intelligently, and voluntarily… 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
State v. Christopher T. Seiler, 2013AP1911-CR, District 2, 7/23/14 (not recommended for publication); case activity Seiler’s compelled statement to his probation agent didn’t taint a subsequent police investigation that led to new charges because, the court of appeals holds, the police investigation was based on sources “independent” of his statements to the agent. Seiler, on probation… Read more
State v. Russell S. Krancki, 2014 WI App 80; case activity In the first Wisconsin case to address how Salinas v. Texas, 570 U.S. ___, 133 S. Ct. 2174 (2013), affects the admission of evidence of a defendant’s silence, the court of appeals reads Salinas to apply to a narrow factual scenario not present in this case. The court goes on to assume that trial counsel should… Read more
