State v. Robert Allen, Jr., 2009AP2596-CR , District 1, 9/14/10 court of appeals decision (3-judge, not recommended for publication); for Allen: Bradley J. Lochowicz; BiC; Resp.; Reply Interrogation Request for Counsel – Re-Initiation by Suspect Allen’s invocation of right to counsel terminated his interrogation, but he immediately re-initiated communication with the police by asking “what’s going on”: ¶15 “Even… Read more
5. Confessions
State v. Adamm D.J. Linton, 2010 WI App 129; for Linton: Joseph E. Redding; BiC; Resp.; Reply Interrogation – Ambiguous Request for Counsel Initial custodial questioning terminated when Linton invoked his right to silence. During subsequent re-interrogation, Linton said, “when I asked for a lawyer earlier, why wasn’t he appointed to me?” The detective indicated… Read more
7th Cir. decision; Order denying rehearing and amending opinion, 10/10/15 Habeas – Voluntary Statement – Juvenile State court determination that juvenile’s custodial statement to police was voluntary wasn’t objectively unreasonable., notwithstanding his age (15), borderline intellectual functioning and lack of criminal background. “(I)t is the totality of the circumstances underlying a juvenile confession, rather than… Read more
State v. Dionicia M., 2010 WI App 134; for Dionicia M.: Andrew Hinkel, SPD Madison Appellate Recorded Confessions The juvenile was in custody when she was directed to the locked back seat of a patrol car so that she could be transported back to school after being reported truant; and, because it was feasible under… Read more
State v. Phillip K. Saeger, 2009AP2133-CR, District 2, 8/11/10 court of appeals decision (3-judge, not recommended for publication); for Saeger: Michael J. Burr; BiC; Resp. Right to Silence During Custodial Interrogation Invocation of the right to silence during custodial interrogation must be clearly articulated, holding to that effect in State v. Ross, 203 Wis. 2d… Read more
court of appeals decision (3-judge, not recommended for publication); for Brock: Michael K. Gould, SPD, Milwaukee Appellate; BiC; Resp.; Reply Statement – Coercion Threatened action against defendant’s girlfriend didn’t support suppression of his resulting statement: ¶11 Brock argues that Lynumn v. Illinois, 372 U.S. 528 (1963), requires suppression of his statement. Lynumn held that threats… Read more
7th circuit court of appeals decision Habeas – Miranda Waiver Viewed through the deferential lens of 2254 habeas review, a state court finding that the severely mentally impaired Collins knowingly and intelligently waived his Miranda rights an incriminatory statement was not unreasonable. Collins had a Wechsler-scale IQ in the low- to mid-60s, exacerbated by a… Read more
State v. Esteban M. Gonzalez, 2010 WI App 104, reversed, 2011 WI 63, see: this post; for Gonzalez: Kristin Anne Hodorowski; BiC; Resp.; Reply Jury Instructions – Exposing Child to Harmful Materials The pattern instruction on exposing a child to harmful material, § 948.11(2)(a), accurately recites the elements, including scienter. ¶11 We agree with the trial… Read more
