State v. Paul D. Hoppe, 2003 WI 43, affirming unpublished opinion For Hoppe: William E. Schmaal, SPD, Madison Appellate Issue/Holding: Under “somewhat unique” facts, a suspect’s statements made during interviews in a hospital over a three-day period while delusional and in the throes of acute alcohol withdrawal were involuntary despite the absence of any egregious police pressure… Read more
C. Voluntariness
State v. Jeremy T. Greer, 2003 WI App 112, on remand following equally-divided result,2003 WI 30; PFR filed 6/12/03 For Greer: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶14. In this case it is not disputed that before he confessed to Detective Williams, Greer was told, both orally and in writing, that the polygraph test was over… Read more
State v. Marvin J. Moss, 2003 WI App 239, PFR filed 10/27/03 For Moss: F.M. Van Hecke Issue/Holding: ¶2. The issue in this case is whether a defendant’s incriminating statement improperly coerced by a person who is not a state agent offends constitutional due process such that the statement is inadmissible. We conclude that there is… Read more
State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565; habeas denied, Samuel v. Frank, 525 F. 3d 566 (7th Cir 2008) 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… Read more
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
State ex rel. Gary Tate v. Schwarz, 2002 WI 127, reversing 2001 WI App 131 For Tate: Jerome F. Buting, Pamela S. Moorshead, Buting & Williams Issue/Holding: The Evans-Thompson rule — “the state may compel a probationer to answer self-incriminating questions from his probation or parole agent, or suffer the consequence of revocation for refusing to do so, only ‘if… Read more
State v. James H. Oswald, 2000 WI App 3, 232 Wis.2d 103, 606 N.W.2d 238 For Oswald: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether a statement made while hospitalized should have been suppressed, as the product of a lengthy detention for the purpose of interrogation. Holding: ¶46 When a… Read more
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
