State v. Joseph J. Spaeth, 2012 WI 95, on certification; case activity Probationer’s statement, compelled by rules of his supervision, is covered by derivative as well as use immunity in a criminal prosecution. ¶3 We hold that the statement that Spaeth made to Oshkosh police was derived from the compelled, incriminating, testimonial statement that he made to his… Read more
C. Voluntariness
on review of unpublished opinion; for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity Involuntary Statement – Coercion Issue (composed by On Point): Whether Lemoine’s in-custody statement was involuntary given the following police tactics: promising that in exchange for the “true story” he would not go to jail that night; telling him that… Read more
State v. Dennis D. Lemoine, 2010AP2597-CR, District 4, 9/15/11 court of appeals decision (not recommended for publication); for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity; supreme court review granted, 1/25/12 ¶18 We agree with the trial court that the balance of the defendant’s personal characteristics against the tactics used by the… Read more
State v. Devon L. Bean, 2011 WI App 129 (recommended for publication); for Bean: Scott D. Obernberger; case activity Sew-up Confession The fourth interrogation of Bean within a 60-hour period following his arrest did not, under the particular facts, amount to an impermissible “sew-up” confession. General principles. The question, in brief, is whether the time between arrest and formal… Read more
State v. Darron D. Jackson, 2011 WI App 63 (recommended for publication); for Jackson: Rebecca Lawnicki; case activity Waiver – Lesser Offense Instruction The jury convicted Jackson of recklessly endangering safety while armed, which was submitted as a lesser offense of the charged offense, attempted first-degree intentional homicide. Although Jackson did object to the endangering instruction… Read more
State v. Quentin J. Louis, 2009AP2502-CR, District 3, 3/15/11 court of appeals decision (not recommended for publication); for Louis: Edward J. Hunt; amicus, Wis. Innocence Project: Keith A. Findley, Peter Shawn Moreno; case activity Trial court grant of new trial in interest of justice upheld as proper exercise of discretion: the issue in controversy wasn’t… Read more
on certification; for Spaeth: Shelley Fite, SPD, Madison Appellate; case activity Issue (formulated by On Point): Whether a statement made to law enforcement following a probationer’s honest accounting to his probation agent may derive from a “legitimate source wholly independent of compelled testimony” and therefore admissible in a criminal case, notwithstanding the promise of immunity for such statements when made to probation… Read more
certification; for Spaeth: Shelley Fite, SPD, Madison Appellate; case activity; Spaeth BiC; State Resp.; Reply Review granted 2/8/11 ISSUE In Kastigar v. United States, 406 U.S. 441, 453, 460 (1972), the United States Supreme Court held that the government may compel incriminating testimony so long as it comes with a grant of use and derivative use immunity—that… Read more
