7th Cir. decision; Order denying rehearing and amending opinion, 10/10/15 Habeas – Voluntary Statement – Juvenile State court determination that juvenile’s custodial statement to police was voluntary wasn’t objectively unreasonable., notwithstanding his age (15), borderline intellectual functioning and lack of criminal background. “(I)t is the totality of the circumstances underlying a juvenile confession, rather than… Read more
C. Voluntariness
State v. Phillip K. Saeger, 2009AP2133-CR, District 2, 8/11/10 court of appeals decision (3-judge, not recommended for publication); for Saeger: Michael J. Burr; BiC; Resp. Right to Silence During Custodial Interrogation Invocation of the right to silence during custodial interrogation must be clearly articulated, holding to that effect in State v. Ross, 203 Wis. 2d… Read more
court of appeals decision (3-judge, not recommended for publication); for Brock: Michael K. Gould, SPD, Milwaukee Appellate; BiC; Resp.; Reply Statement – Coercion Threatened action against defendant’s girlfriend didn’t support suppression of his resulting statement: ¶11 Brock argues that Lynumn v. Illinois, 372 U.S. 528 (1963), requires suppression of his statement. Lynumn held that threats… Read more
State v. Esteban M. Gonzalez, 2010 WI App 104, reversed, 2011 WI 63, see: this post; for Gonzalez: Kristin Anne Hodorowski; BiC; Resp.; Reply Jury Instructions – Exposing Child to Harmful Materials The pattern instruction on exposing a child to harmful material, § 948.11(2)(a), accurately recites the elements, including scienter. ¶11 We agree with the trial… Read more
State v. Armando J. Castanada, No. 2009AP1438-CR, District I, 6/15/10 court of appeals decision (3-judge, not recommended for publication); for Castanada: Jeremy C. Perri; BiC; Resp.; Reply Appellate Review – Implicit Findings ¶30 The postconviction circuit court did not make any express findings as to the credibility of any of the witnesses’ testimony. However, as… Read more
State v. Dionny L. Reynolds, 2010 WI App 56; for Reynolds: Russell D. Bohach; BiC; Resp. Br. Statement voluntary, following multiple interviews while in custody on unrelated offense: ¶45 Balancing Reynolds’ personal characteristics against the totality of the police detectives’ conduct, we note, first and foremost, that Reynolds voluntarily waived his Miranda rights before making his incriminating statement. Generally speaking… Read more
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: ¶29 Berggren also argues that his statements were induced by promises of probation and treatment. This amounts to an argument that his statements were not voluntarily given. He contends that the detective questioning him conveyed: “the belief that… Read more
State v. Keith A. Davis, 2008 WI 71, on Certification For Davis: Chris A. Gramstrup Issue/Holding: ¶38 In the case at hand, we conclude, as did the circuit court, that the defendant’s statement was voluntary. The record contains no evidence that would give rise to any concerns regarding his personal characteristics. Davis, at the time this occurred… Read more
