State v. J.T.M., 2015AP1585, 7/19/16, District 3 (one-judge decision; ineligible for publication); case activity A detective interrogated 16-year-old J.T.M. while he was in a juvenile residential facility without first giving Miranda warnings. Because J.T.M. was in custody and wasn’t given the warnings, his statement regarding a sexual assault allegation must be suppressed. Two inquiries are essential in determining whether… Read more
5. Confessions
State v. Johnnie Mertice Wesley, 2015AP590-CR, District 1, 7/6/16 (not recommended for publication); case activity (including briefs) Wesley asserted his right to remain silent during an initial interrogation, and the detectives stopped questioning him. Detectives approached him two more times to resume questioning, and during the third interrogation Wesley made incriminating statements. The court of appeals holds… Read more
State v. Mastella L. Jackson, 2016 WI 56, 7/1/16, affirming a published decision of the court of appeals, 2015 WI App 49, 363 Wis. 2d 553, 866 N.W.2d 768; case activity (including briefs) Despite the “flagrant” and “reprehensible” violations of Jackson’s Fifth Amendment rights by police, the supreme court holds that physical evidence seized based in… Read more
State v. Karl L. Quigley, 2016 WI App 53; case activity (including briefs) Karl Quigley confessed to sex offenses during an interrogation by a police detective, and later confessed to additional offenses while being questioned by his probation officer. The court of appeals rejects his Miranda challenge to his initial confession, but agrees that the… Read more
Today marks the 50th anniversary of Miranda v. Arizona. In honor of the occasion, The Marshall Project asks: For 50 years, you’ve had “the right to remain silent.” So why do so many suspects confess to crimes they did not commit? Read the full report here… Read more
State v. Bradley L. Kilgore, 2016 WI App 47; case activity (including briefs) The execution of the search warrant at Kilgore’s home started with a heavily armed officers, including a SWAT team, entering and putting Kilgore down on the floor at gunpoint; but once the home was “cleared” and weapons were secured and the SWAT team… Read more
Review of a published court of appeals decision; case activity (including briefs) Issue (from petition for review): Is a defendant deprived of his constitutional right against self-incrimination and his rights guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and Article I, § 8 of the Wisconsin Constitution by the admission at trial in the state’s… Read more
State v. Miguel Muniz-Munoz, 2014AP702-CR, 3/1/16, District 1 (not recommended for publication); case activity (including briefs) By the time Muniz-Munoz went to trial for first degree intentional homicide, the medical examiner who conducted the autopsy of the victim was dead. The trial court allowed another medical examiner who reviewed the case record to give his independent… Read more
