State v. Lucian Agnello II, 2004 WI App 2, (AG’s) PFR filed 1/8/04, on appeal after remand, 2003 WI 44; prior history: State v. Agnello I, 226 Wis.2d 164, 593 N.W.2d 427 (1999) For Agnello: Jerome F. Buting, Pamela Moorshead Issue/Holding: ¶10. Police coercion and a defendant’s personal characteristics are interdependent concepts: the more vulnerable a person is… Read more
1. Generally
State v. Scott Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997) For Kiekhefer: Linda Hornik Issue/Holding: In determining whether a statement (confession) was voluntary, courts must independently examine the record and apply the totality of circumstances test. See Arizona v. Fulminante, 499 U.S. 279, 286-87 (1991). “In examining all the surrounding circumstances to… Read more
State v. Wilfred E. Tobias, 196 Wis. 2d 537, 538 N.W.2d 843 (Ct. App. 1995) For Tobias: Barbara A. Cadwell Issue/Holding: That suspect had learning disability, required medication to deal with visual hallucinations but was off his meds during the interrogation not enough to establish voluntariness… Read more
