State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: Defendant’s request to call parents so they could call attorney for him was an insufficiently unequivocal assertion of his right to counsel: ¶36 We agree with the trial court’s conclusion that even if we assume that the defendant made… Read more
5. Confessions
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: Where Miranda rights were properly given at the outset of the “first segment” of interrogation, re-administration of rights wasn’t necessary for “second segment,” several hours later, ¶¶24-28… Read more
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: ¶29 Berggren also argues that his statements were induced by promises of probation and treatment. This amounts to an argument that his statements were not voluntarily given. He contends that the detective questioning him conveyed: “the belief that… Read more
State v. Scott M. Hambly, 2008 WI 10, affirming 2006 WI App 256 For Hambly: Martha K. Askins, SPD, Madison Appellate Issue: Whether, following his in-custody invocation of right to counsel, Hambly’s subsequent statements that he didn’t know what was going on (eliciting the officer’s response that he’d sold cocaine to an informant) and wanted to talk to… Read more
State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: ¶25 … If a suspect requests counsel at any time during the interview, he or she is not subject to further questioning until a lawyer has been made available or the suspect himself or herself reinitiates conversation. … ¶26 The Fifth… Read more
State v. Scott M. Hambly, 2008 WI 10, affirming 2006 WI App 256 For Hambly: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶93 The defendant summarizes his argument that he did not voluntarily, knowingly, and intelligently waive his right to counsel, stating that at the time of his arrest, he was hungry, alone in the back seat… Read more
State v. Scott M. Hambly, 2008 WI 10, affirming 2006 WI App 256 For Hambly: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶77 Whether a suspect “initiates” communication or dialogue does not depend solely on the time elapsing between the invocation of the right to counsel and the suspect’s beginning an exchange with law enforcement, although the… Read more
State v. Scott M. Hambly, 2008 WI 10, affirming 2006 WI App 256 For Hambly: Martha K. Askins, SPD, Madison Appellate Issue: Whether a suspect’s in-custody invocation of right to counsel before administration of Miranda warnings triggers the Edwards bar on interrogation absent the suspect’s reinitiating communication with the police. Holding: ¶23 The State argues that in the… Read more
