State v. Edward Townsend, 2008 WI App 20, PFR filed 2/13/08 For Townsend: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether admissibility of evidence gathered in a foreign jurisdiction by Wisconsin officers is tested by the law of that jurisdiction or of Wisconsin. Holding: ¶1 … Townsend contends that the circuit court should have suppressed unrecorded statements he… Read more
5. Confessions
State v. Keith A. Davis, 2008 WI 71, on Certification For Davis: Chris A. Gramstrup Issue/Holding: ¶20 Principles applicable to polygraph testing are equally applicable to voice stress analysis. See Wis. Stat. § 905.065(1); 7 Daniel D. Blinka, Wisconsin Evidence§ 5065.1 (2d ed. 2001) (concluding that there is little reason to treat the forms of honesty testing mentioned in § 905.065 differently, “at least… Read more
State v. Keith A. Davis, 2008 WI 71, on Certification For Davis: Chris A. Gramstrup Issue/Holding1: Admissibility of a statement made in connection with a voice stress analysis (or other form of “honesty test”) turns on whether the statement is “totally discrete” from the testing procedure as gauged by the following factors: ¶23 Under the totality of the… Read more
State v. Thomas S. Mayo, 2007 WI 78, affirming unpublished opinion For Mayo: Keith A. Findley, UW Law School Issue/Holding: ¶46 We agree with Mayo’s position, and the State’s concession at oral argument, that the prosecutor’s remarks on Mayo’s pre-Miranda silence, and the testimony she elicited in that regard, during the State’s opening statement and case-in-chief, violated Mayo’s… Read more
State v. Jeffrey L. Torkelson, 2007 WI App 272, PFR filed 11/30/07 For Torkelson: Timothy A. Provis Issue/Holding: Custody, for purposes of Miranda, requires that the suspect’s freedom be restricted to a degree associated with formal arrest, and is as gauged by a multi-factor test articulated in State v. Zan Morgan, 2002 WI App 124, ¶¶13-14. None of those… Read more
State v. Heather A. Markwardt, 2007 WI App 242, PFR filed 11/29/07 For Markwardt: Richard Hahn Issue/Holding: ¶35 The circuit court relied on statements Markwardt made one hour and eleven minutes into the interview for its ruling that she had properly asserted her right to remain silent. Her exact words were: “Then put me in jail. Just… Read more
State v. Heather A. Markwardt, 2007 WI App 242, PFR filed 11/29/07 For Markwardt: Richard Hahn Issue/Holding: Markwardt’s in-custody statement was voluntary: any stress she was under was “unrelated to police conduct” (¶37); she didn’t unequivocally assert her rights (¶40); that the interrogator “was at times confrontational and raised his voice is not improper police procedure and does… Read more
State v. Donald W. Thexton, 2007 WI App 11, PFR filed 1/02/07 For Thexton: Kirk B. Obear Issue/Holding: Thexton wasn’t entitled to Miranda warnings “at the time the PSI was being prepared”: ¶8 Thexton also claims that Streekstra violated his Fifth Amendment rights when he interviewed him during the investigation. Thexton claims that Streekstra used the prior PSI as… Read more
