State v. Dennis D. Lemoine, 2013 WI 5, affirming unpublished court of appeals decision; case activity Lemoine’s inculpatory statement to the police was voluntary: ¶3 We hold that the admission of Lemoine’s statements at trial was not error because, under the totality of the circumstances, the statements were voluntary. The well-established test for voluntariness balances the… Read more
5. Confessions
on review of unpublished decision; case activity Issue (composed by On Point) Whether Sahs’ statements to his probation agent, along with evidence derived from those statements, were suppressible under the “Evans-Thompson” rule, which holds that a probationer’s statements which are compelled by the terms of probation – provide information to an agent when requested or face revocation… Read more
court of appeals certification review granted 1/15/13; case activity Issues Certified: In Maryland v. Shatzer, ___U.S. ___, 130 S. Ct. 1213 (2010), the United States Supreme Court held that, even if a defendant has invoked his or her right to counsel, law enforcement may give the Miranda[2] warnings again so long as the defendant has been released from custody… Read more
seventh circuit decision, denying habeas relief in 641 N.E.2d 371 (Ill. 1994) and 521 N.E.2d 38 (1988) Habeas Review – 6th Amendment Attachment of Counsel – State Court Findings The Seventh Circuit rejects, on habeas review of his Illinois conviciton, Thompkins’ challenge to admissibility of his statement. Thompkins made his statement after his arrest and, according to the state court, before… Read more
on review of unpublished decision; case activity Issue (composed by On Point) Whether, after asserting his right to counsel, Lonkonski initiated further communication with the police so as to allow admissibility of his ensuing statement, Edwards v. Arizona, 451 U.S. 477, 483-85 (1981). There may be a threshold dispute as to whether Lonkoski was in custody… Read more
seventh circuit decision Habeas Review – Confessions – Voluntariness Given the deferential nature of habeas review, the state court reasonably determined that a 16-year-old’s confession after 55 hours of interrogation was voluntary: Particularly in light of the highly deferential standard due to the state court, we have no reason to doubt that it took into account all… Read more
State v. Pierre R. Conner, 2012 WI App 105 (recommended for publication); case activity Interrogations – Miranda-Edwards Rule – Unequivocal Request for Counsel The issues on a request-for-counsel challenge to in-custody interrogation are whether the individual unequivocally invoked his right to counsel and, if so, whether he subsequently reinitiated questioning, Edwards v. Arizona, 451 U.S. 477, 484-85 (1981). Although the trial… Read more
seventh circuit court of appeals decision Habeas Review – Miranda-Edwards Coleman’s argument that his confession violated Edwards v. Arizona, 451 U.S. 477 (1981) (interrogation must cease immediately if suspect requests counsel) was rejected by the state court based upon a determination that he did not in fact assert his to counsel. Denial of relief is affirmed: Coleman admits but… Read more
