State v. David W. Stevens, 2012 WI 97, affirming unpublished decision; case activity Miranda-Edwards Rule – Invocation of Counsel, Initiation of Contact by Suspect Where an in-custody suspect invokes his right to counsel and interrogation immediately ceases, but the suspect himself then initiates a request to continue the interrogation, the police may proceed with questioning if fresh Miranda warnings are given and validly waived. Edwards v… Read more
5. Confessions
State v. Randy L. Martin, 2012 WI 96, reversing unpublished decision; case activity Miranda – “Custodial Interrogation” Martin was arrested for disorderly conduct and handcuffed at the scene of an otherwise unrelated incident (¶6, id. n. 6). Search of his car yielded a gun. When an officer asked him, Martin denied ownership. The officer then prepared to arrest Henry… Read more
State v. Joseph J. Spaeth, 2012 WI 95, on certification; case activity Probationer’s statement, compelled by rules of his supervision, is covered by derivative as well as use immunity in a criminal prosecution. ¶3 We hold that the statement that Spaeth made to Oshkosh police was derived from the compelled, incriminating, testimonial statement that he made to his… Read more
Howes v. Randall Lee Fields, USSC No. 10-680, 2/21/12, reversing 617 F.3d 813 (6th Cir 2010); arguably abrogating, State v. Tonnie D. Armstrong, 223 Wis.2d 331, 588 N.W.2d 606 (1999) Habeas – Review, Generally Under AEDPA, a federal court may grant a state prisoner’s application for a writ of habeas corpus if the state-court adjudication pursuant… Read more
State v. Zachary Ryan Wiegand, 2011AP939-CR, District 3, 2/7/12 court of appeals decision (not recommended for publication); for Wiegand: Brian C. Findley; case activity Despite initially waiving his Miranda rights, Wiegand later unequivocally asserted his right to silence (“I don’t want to say anything more”); nonetheless, the interrogating officer did not scrupulously honor this invocation, and… Read more
on review of unpublished opinion; for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity Involuntary Statement – Coercion Issue (composed by On Point): Whether Lemoine’s in-custody statement was involuntary given the following police tactics: promising that in exchange for the “true story” he would not go to jail that night; telling him that… Read more
State v. Douglas J. Richer, 2011AP1197-CR, District 3, 12/20/11 court of appeals decision (1-judge, not for publication); for Richer: Matthew F. Anich, Tyler William Wickman; case activity Richer wasn’t in custody (to a degree associated with formal arrest) so as to require Miranda warnings: ¶15 Here, Richer’s argument focuses only on the time period before Mathison placed… Read more
on review of unpublished decision; for Martin: Byron C. Lichstein; case activity; prior post Miranda – “Interrogation” Issue (composed by On Point): Whether an exchange between Martin and an officer was the functional equivalent of “interrogation” so as to require interrogation. The facts, very briefly, as taken from the court of appeals’ decision: Martin was under arrest… Read more
