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Involuntary Statement — Test

State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565 For Samuel: Robert A. Henak Issue/Holding: “¶30. With due process as our touchstone, we conclude that when a defendant seeks to suppress witness statements as the product of coercion, the police misconduct must be more… Read more

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State v. George W. Hindsley, 2000 WI App 130, 237 Wis. 2d 358, 614 N.W.2d 48 For Hindsley: James B. Connell Issue: Whether a statement is involuntary, even in the absence of police coercion, simply because the Miranda warnings aren’t effectively communicated. Holding: A suspect’s deafness doesn’t alter the test for voluntariness, “which was and… Read more

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