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
5. Confessions
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State v. Zachary Ryan Wiegand, 2011AP939-CR, District 3, 2/7/12 court of appeals decision (not recommended for publication); for Wiegand: Brian C. Findley; case activity Despite initially waiving his Miranda rights, Wiegand later unequivocally asserted his right to silence (“I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on review of unpublished opinion; for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity Involuntary Statement – Coercion Issue (composed by On Point):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State v. Douglas J. Richer, 2011AP1197-CR, District 3, 12/20/11 court of appeals decision (1-judge, not for publication); for Richer: Matthew F. Anich, Tyler William Wickman; case activity Richer wasn’t in custody (to a degree associated with formal arrest) so as to require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on review of unpublished decision; for Martin: Byron C. Lichstein; case activity; prior post Miranda – “Interrogation” Issue (composed by On Point): Whether an exchange between Martin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
Bobby v. Archie Dixon, USSC No. 10-1540, 11/7/11 (per curiam), reversing Dixon v. Houk, 627 F.3d 553 (6th Cir 2010) Under the Antiterrorism and Effective Death Penalty Act, a state prisoner seeking a writ of habeas corpus from a federal court “must show that the state court’s ruling on the claim being presented in federal… Read more
State v. Frank Plum, 2011AP956-CR, District 3, 11/1/11 court of appeals decision (1-judge, not for publication); for Plum: Martha K. Askins, SPD, Madison Appellate; case activity The officer who stopped Plum for suspected drunk driving testified that Plum refused to answer questions about the type or amount of medication he had consumed: this amounted to… Read more
