Review of a published court of appeals decision; case activity Issues (composed by On Point) Whether a juvenile “refused to respond or cooperate” during a portion of a custodial interrogation if it was going to be recorded, such that § 938.31(3)(c)1. allowed the interrogating officers to turn off the recording device. Whether an error in failing to… Read more
5. Confessions
State v. Thaddeus M. Lietz, 2013AP1283-CR, District 3, 5/20/14 (1-judge; ineligible for publication); case activity Leitz’s statements to police were not obtained in violation of either the Fifth or Sixth Amendment, so the circuit court properly denied his suppression motion. Lietz had been issued a forfeiture citation for trespass in Waukesha county when Appleton Police… Read more
State v. Brandon D Andre Burnside, 2013AP1293-CR, District 1, 4/29/14 (not recommended for publication); case activity Under the totality of the circumstances, a reasonable person in Burnside’s position would not have believed that he could stop police questioning and leave. Therefore, the statements he made to the police before they administered Miranda warnings must be suppressed… Read more
Randy White v. Robert Keith Woodall, USSC No. 12-794, 4/23/14, reversing and remanding Woodall v. Simpson, 685 F.3d 574 (6th Cir. 2012); case activity It’s getting harder and harder to win a habeas case. Woodall requested an instruction forbidding jurors from drawing adverse inferences from his decision to not testify during the penalty phase of… Read more
Review of an unpublished court of appeals opinion; case activity; prior On Point post here. Issue: Whether ordering a defendant to open his mouth and reveal his platinum teeth to the jury violated his Fifth Amendment right against self-incrimination? So, this case may boil down to whether forcing the defendant to show his platinum teeth is… Read more
State v. Stanley K. Bullock, 2014 WI App 29, case activity How “voluntary” does this sound to you? The defendant was convicted of 1st-degree reckless homicide for the stabbing death of his girlfriend. He said that masked attackers broke into their apartment and stabbed him and his girlfriend. He called 911. The responding paramedics found… Read more
State v. Danny Robert Alexander, 2013AP843-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication), petition for review granted 6/12/14, reversed, 2015 WI 6; case activity Alexander was on probation when he was charged with forgery. He pled to the forgery and a PSI was prepared. (¶2). Attached to the PSI were statements the defendant… Read more
State v. Raheem Moore, 2014 WI App 19, petition for review granted, 5/22/14, affirmed, 2015 WI 54; case activity Moore, a 15-year-old charged with homicide, made incriminating statements to police 11 hours after he was arrested. His most incriminating statement–that he was the shooter and not merely an accomplice–came during a portion of the interrogation… Read more
