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
C. Voluntariness
State v. Thomas G. Kramer, 2006 WI App 133, PFR filed 7/10 For Kramer: Timothy A. Provis Issue1: Whether failure to electronically record Kramer’s interrogations requires suppression. Holding1: Although the supreme court exercised supervisory authority granted it under Wis. Const. Art. VII, § 7, to require recording of juvenile interrogations, State v. Jerrell C.J., 2005 WI 105, the grant… Read more
State v. Jerrell C.J., 2005 WI 105, reversing 2004 WI App 9 For Terrell C.J.: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶58 … All custodial interrogation of juveniles in future cases shall be electronically recorded where feasible, and without exception when questioning occurs at a place of detention. Audiotaping is sufficient to satisfy our requirement; however… Read more
State v. Jerrell C.J., 2005 WI 105, reversing 2004 WI App 9 For Terrell C.J.: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Juvenile Jerrell C.J.’s in-custody confession was involuntary under totality of the circumstances – Jerrell’s “personal characteristics” militate against voluntariness: age (14); school records (average to failing grades) and IQ 84 (low to average); prior experience with… Read more
State v. Charles W. Mark, 2005 WI App 62, affirmed, 2006 WI 78 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: ¶14 … (I)f probationers are required to choose between answers that will incriminate them in pending or subsequent criminal prosecutions and loss of their conditional liberty as a price for exercising their right to remain… Read more
A.M. v. Butler, 360 F.3d 787 (7th Cir. 2004) Issue/Holding: … In fact, the Supreme Court has consistently recognized that a confession or waiver of rights by a juvenile is not the same as a confession or waiver by an adult. A defendant’s age is an important factor in determining whether a confession is voluntary. ……… Read more
State v. Matthew J. Knapp, 2003 WI 121, on certification For Knapp: Robert G. LeBell Issue: In essence, this court is presented with the question of whether a custodial inculpatory statement, obtained without proper Miranda warnings, and extracted through the use of police deception, is an “involuntary” self-incriminatory statement and inadmissible at trial for any purpose,” ¶95. (The police ruse involved… Read more
State v. Paul D. Hoppe, 2003 WI 43, affirming unpublished opinion For Hoppe: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶46. Both Connelly and Clappes support the proposition that some coercive or improper police conduct must exist in order to sustain a finding of involuntariness. However, both of these cases also recognize that police conduct does not need to be… Read more
