court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br. “Booking Exception” to Miranda Questioning to determine Pugh’s “true identity” fell within “booking exception.” Sentencing Discretion Sentence upheld where “well within maximum” and addressed “the three primary factors.”… Read more
5. Confessions
ussc decision “Edwards” Rule – 14-Day Expiry A “break in custody” ends the presumptive involuntariness of a statement following invocation of right to counsel; reinterrogation permitted after 14-day lapse. … The protections offered by Miranda, which we have deemed sufficient to ensure that the police respect the suspect’s desire to have an attorney present the… Read more
USSC decision In a pathmarking decision, Miranda v. Arizona , 384 U. S. 436, 471 (1966) , the Court held that an individual must be “clearly informed,” prior to custodial questioning, that he has, among other rights, “the right to consult with a lawyer and to have the lawyer with him during interrogation.” The question presented… Read more
court of appeals decision, review granted 3/16/10; for Forbush: Craig A. Mastantuono, Rebecca M. Coffee Post-Charge Assertion of Right to Counsel during Interrogation The mere fact that an attorney represents a defendant formally charged with a crime doesn’t bar the police from questioning the defendant; State v. Todd Dagnall, 2000 WI 82 (“Dagnall was not required… Read more
court of appeals decision, for McPike: Nicholas E. Fairweather Self-Incrimination – Coercion – Threat of Job Loss (Police Officer) Statement by police officer’s superior that she was “administratively compelling” him to submit to PBT wasn’t an express threat of termination, therefore State v. Vanessa Brockdorf, 2006 WI 76, controls and his ensuing statements weren’t involuntary. Why publish the… Read more
State v. Jennifer L. Ward, 2009 WI 60, affirming unpublished opinion For Ward: T. Christopher Kelly Issue/Holding: Taken individually and collectively, Ward’s 3 statements were voluntary, weighing personal characteristics against police conduct. Personal characteristics, ¶23. Ward was: “relatively sophisticated and intelligent”; 35 years old; a high school graduate; prior conviction; the daughter of a police chief. Her “unprompted… Read more
State v. Marchand Grady, 2009 WI 47, affirming summary order For Grady: Carl W. Chessir Issue: Whether administration of Miranda rights in a noncustodial setting obviated the need for re-administration of rights when the interview became custodial about 2 and one-half hours later. Holding: ¶15 Grady advances a creative, but not heretofore unheard of argument. He asks us… Read more
State v. Colin G. Schloegel, 2009 WI App 85 For Schloegel: Sarvan Singh Issue/Holding: High school student Schloegel was not in custody for Miranda purposes, notwithstanding that he was frisked by police officer, compelled under school policy to consent to search of his car and asked, prior to formal arrest, incriminatory questions; analogy to State v. Dale Gruen, 218… Read more
