State v. Raheem Moore, 2014 WI App 19, petition for review granted, 5/22/14, affirmed, 2015 WI 54; case activity Moore, a 15-year-old charged with homicide, made incriminating statements to police 11 hours after he was arrested. His most incriminating statement–that he was the shooter and not merely an accomplice–came during a portion of the interrogation… Read more
C. Voluntariness
Kansas v. Cheever, USSC No. 12-609, 12/11/13 United States Supreme Court decision, reversing Kansas v. Cheever, 284 P.3d 1007 (Kan. 2012). The Supreme Court unanimously holds that “where a defense expert who has examined the defendant testifies that the defendant lacked the requisite mental state to commit a crime, the prosecution may offer evidence from a… Read more
State v. Gregory M. Sahs, 2013 WI 51, on review of unpublished court of appeals decision; case activity Sahs, on probation for child pornography, admitted to his probation agent that he again possessed child pornography. He was charged based on evidence seized as a result of his admission. He sought to suppress the evidence, claiming… Read more
State v. Douglas H. Stream, Case No. 2011AP2051, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity The circuit court properly denied the defendant’s Wis. Stat. § 974.06 postconviction motion, which claimed that his trial lawyer was ineffective for not objecting to references to the truthfulness of his confession during a… Read more
Question presented: When a criminal defendant affirmatively introduces expert testimony that he lacked the requisite mental state to commit capital murder of a law enforcement officer due to the alleged temporary and long-term effects of the defendant’s methamphetamine use, does the State violate the defendant’s Fifth Amendment privilege against self-incrimination by rebutting the defendant’s mental… Read more
State v. Dennis D. Lemoine, 2013 WI 5, affirming unpublished court of appeals decision; case activity Lemoine’s inculpatory statement to the police was voluntary: ¶3 We hold that the admission of Lemoine’s statements at trial was not error because, under the totality of the circumstances, the statements were voluntary. The well-established test for voluntariness balances the… Read more
on review of unpublished decision; case activity Issue (composed by On Point) Whether Sahs’ statements to his probation agent, along with evidence derived from those statements, were suppressible under the “Evans-Thompson” rule, which holds that a probationer’s statements which are compelled by the terms of probation – provide information to an agent when requested or face revocation… Read more
seventh circuit decision Habeas Review – Confessions – Voluntariness Given the deferential nature of habeas review, the state court reasonably determined that a 16-year-old’s confession after 55 hours of interrogation was voluntary: Particularly in light of the highly deferential standard due to the state court, we have no reason to doubt that it took into account all… Read more
