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
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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
