State v. Armando J. Castanada, No. 2009AP1438-CR, District I, 6/15/10 court of appeals decision (3-judge, not recommended for publication); for Castanada: Jeremy C. Perri; BiC; Resp.; Reply Appellate Review – Implicit Findings ¶30 The postconviction circuit court did not make any express findings as to the credibility of any of the witnesses’ testimony. However, as… Read more
5. Confessions
Berghuis v. Thompkins, USSC No. 08-1470, 6/1/10 Thompkins’ acknowledgment that he prayed for God’s forgiveness for the shooting was admissible as valid waiver of Miranda rights, despite being preceded by nearly 3 hours of silence during custodial interrogation. Rights must be invoked unequivocally, or not at all: The Court has not yet stated whether an… Read more
court of appeals decision; ror Lewis: John T. Wasielewski; Resp. Br.; Reply Br. Appellate Procedure – Standard of Review: Government Informant ¶16 Our discussion must begin, as it almost always does, with the standard of review. In deciding whether a person is a government informant or agent for purposes of this Sixth Amendment analysis, the… Read more
State v. Carl A. Lewis, Jr., 2010 WI App 52; for Lewis: John T. Wasielewski; Resp. Br.; Reply Br. Appellate Procedure – Standard of Review: Government Informant ¶16 Our discussion must begin, as it almost always does, with the standard of review. In deciding whether a person is a government informant or agent for purposes… Read more
decision below: 2010 WI App 11; for Forbush: Craig Mastantuono; Rebecca M. Coffee Issues: Whether the right to counsel under the Wisconsin Constitution prohibits the state from interrogating a represented individual once the state is aware of the representation Whether a suspect made an equivocal request for counsel during police questioning, thereby invoking his right… Read more
court of appeals decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br. Miranda – Traffic Stop – Marijuana Odor and Probable Cause Suppression of passenger’s statement due to custodial interrogation without Miranda warnings leaves police without probable cause to arrest driver: ¶7 First, we will address the State’s argument that Kohel’s statement “[w]e just… Read more
court of appeals decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br. Miranda – Suppressed Statement and Probable Cause ¶7 First, we will address the State’s argument that Kohel’s statement “[w]e just smoked an hour ago” was voluntary and should not be suppressed. The trial court found, and we agree, that Kohel’s statement was the… Read more
State v. Dionny L. Reynolds, 2010 WI App 56; for Reynolds: Russell D. Bohach; BiC; Resp. Br. Statement voluntary, following multiple interviews while in custody on unrelated offense: ¶45 Balancing Reynolds’ personal characteristics against the totality of the police detectives’ conduct, we note, first and foremost, that Reynolds voluntarily waived his Miranda rights before making his incriminating statement. Generally speaking… Read more
