State v. Jesse J. Delebreau, 2014 WI App 21, petition for review granted, 5/23/14, affirmed, 2015 WI 55; case activity You remember State v. Forbush, 2011 WI 25, 332 Wis. 2d 620, 796 N.W.2d 741? That’s the one that considered whether Montejo v. Louisiana, 556 U.S. 778 (2009), upended the Wisconsin rule that police may not question… Read more
5. Confessions
Review of 2 unpublished per curiam court of appeals decisions in 2 unrelated cases now joined for purposes of oral argument. State v. Carlos A. Cummings, District 4 court of appeals decision, case activity State v. Adrean L. Smith, District 1 court of appeals decision, case activity Cummings and Smith both present the question of whether defendants… Read more
Kansas v. Cheever, USSC No. 12-609, 12/11/13 United States Supreme Court decision, reversing Kansas v. Cheever, 284 P.3d 1007 (Kan. 2012). The Supreme Court unanimously holds that “where a defense expert who has examined the defendant testifies that the defendant lacked the requisite mental state to commit a crime, the prosecution may offer evidence from a… Read more
State v. Deandre J. Bernard, 2012AP750-CR, District 4, 10/17/13; court of appeals decision (not recommended for publication); case activity Trial counsel’s failure to impeach witness with mental health condition was not prejudicial Trial counsel was not ineffective for failing to impeach the credibility of a witness who testified that Bernard told her “I think I… Read more
State v. Omar J. Smith, 2012AP863-CR, District 1, 9/10/13; (not recommended for publication); case activity A jury convicted Smith of first-degree reckless homicide while armed as party to a crime and a host of other crimes. Two issues are noteworthy. Miranda-Edwards issue: Police began questioning Smith while he was in custody. He invoked his right… Read more
State v. Ramon G. Gonzalez, 2012AP1818-CR, District 1, 7/23/13; court of appeals decision (not recommended for publication), petition for review granted, 1/19/14, affirmed, 2014 WI 124; case activity Self-incrimination — requiring defendant to show physical characteristic to jury Where inmate victim of battery by another prisoner identified one of his assailants as an inmate “with platinum… Read more
State v. Andrew M. Edler, 2013 WI 73, on certification of the court of appeals; majority opinion by Justice Crooks; case activity Maryland v. Shatzer, 559 U.S. 98 (2010), allows police to reinitiate interrogation of a defendant who invoked his right to counsel if the defendant has been released from custody for at least 14… Read more
State v. Ladarius Marshall, 2012AP140-CR, District 1, 7/2/13; court of appeals decision (not recommended for publication); case activity The trial court properly denied Marshall’s motion to suppress his statements to police made during on-again off-again interrogation lasting from 10:45 a.m. to 9:00 p.m. The court first rejects Marshall’s argument he didn’t invoke his right to… Read more
