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
C. Voluntariness
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
State v. Danny G. Harrell, 2008 WI App 37 For Harrell: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: Expert opinion that Harrell is sexually violent was derived from his compelled, incriminatory statement and therefore also inadmissible, ¶¶14-35. The court essentially tracks the discussion in Mark, which therefore won’t be repeated, and applies it to the particular facts… Read more
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding1: ¶20 When an individual has given an involuntary statement, a subsequent statement is also considered involuntary unless it can be “separated… Read more
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding1: ¶28 In Kastigar, the … Court stated that, once a defendant demonstrates that he or she has testified under a grant of… Read more
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: Parolee’s statement made under grant of immunity (per State v. Evans, 77 Wis. 2d 225, 252 N.W.2d 664 (1977)), was compelled (therefore involuntary)… Read more
State v. Keith A. Davis, 2008 WI 71, on Certification For Davis: Chris A. Gramstrup Issue/Holding: ¶20 Principles applicable to polygraph testing are equally applicable to voice stress analysis. See Wis. Stat. § 905.065(1); 7 Daniel D. Blinka, Wisconsin Evidence§ 5065.1 (2d ed. 2001) (concluding that there is little reason to treat the forms of honesty testing mentioned in § 905.065 differently, “at least… Read more
State v. Keith A. Davis, 2008 WI 71, on Certification For Davis: Chris A. Gramstrup Issue/Holding1: Admissibility of a statement made in connection with a voice stress analysis (or other form of “honesty test”) turns on whether the statement is “totally discrete” from the testing procedure as gauged by the following factors: ¶23 Under the totality of the… Read more
