State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: “Under the above case law, it is clear that, if Cole did invoke his Fifth Amendment/Miranda right to counsel when he was arrested on the battery charge, then the statement he gave Officer Riley while still in custody is inadmissible even… Read more
5. Confessions
State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: ¶38 The parties have not provided, and we have not discovered, any case that addresses the burden of proof in a factual context similar to this—where the defendant asserts he previously invoked his right to counsel as a basis for… Read more
State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: The State bears the burden of proof, by preponderance of evidence, of a valid waiver of Miranda rights, ¶27. ¶35 As we have stated above, it is the State’s burden to prove by a preponderance of the evidence that the defendant validly waived… Read more
State v. Keith A. Davis, 2008 WI 71, on Certification For Davis: Chris A. Gramstrup Issue/Holding: ¶38 In the case at hand, we conclude, as did the circuit court, that the defendant’s statement was voluntary. The record contains no evidence that would give rise to any concerns regarding his personal characteristics. Davis, at the time this occurred… Read more
State v. Danny G. Harrell, 2008 WI App 37 For Harrell: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: Expert opinion that Harrell is sexually violent was derived from his compelled, incriminatory statement and therefore also inadmissible, ¶¶14-35. The court essentially tracks the discussion in Mark, which therefore won’t be repeated, and applies it to the particular facts… Read more
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding1: ¶20 When an individual has given an involuntary statement, a subsequent statement is also considered involuntary unless it can be “separated… Read more
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding1: ¶28 In Kastigar, the … Court stated that, once a defendant demonstrates that he or she has testified under a grant of… Read more
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: Parolee’s statement made under grant of immunity (per State v. Evans, 77 Wis. 2d 225, 252 N.W.2d 664 (1977)), was compelled (therefore involuntary)… Read more
