Categories
1. Miranda custody 45. WI Court of Appeals 5. Confessions A. In-Custody, 5th Amendment B. Published opinions Important Posts Published 2019

Incarceration is no longer custody per se under Miranda

State v. Brian L. Halverson, 2018AP858-CR, 11/13/19, District 3 (recommended for publication); case activity (including briefs) Until now, Wisconsin held that a person who is interviewed by law enforcement while incarcerated is per se in custody and thus must receive a Miranda warning. State v. Armstrong, 223 Wis. 2d 331, 588 N.W. 2d 606 (1999). This published […]
Source: WI Public Defenders – On Point
Incarceration is no longer custody per se under Miranda

Categories
'19-20 2. Interrogation 3. Assertion/waiver of rights 44. WI Supreme Court 5. Confessions a. Ambiguous/unequivocal A. In-Custody, 5th Amendment A. Review Grants b. Functional equivalent Important Posts Pending in SCOW

SCOW to address interrogations and equivocal/unequivocal assertions of Miranda rights

State v. Ulanda M. Green, 2018AP1350-CR, petition for review granted 9/3/19; case activity (including briefs) Issues: Whether law enforcement’s “dialogue” with Green amounted to an “interrogation” that should have been preceded by a Miranda warning? Whether Green invoked her right to remain silent when law enforcement asked her if she would like to make a […]
Source: WI Public Defenders – On Point
SCOW to address interrogations and equivocal/unequivocal assertions of Miranda rights

Categories
1. Generally 5. Confessions C. Voluntariness

Some resources on involuntary confessions

We posted yesterday about State v. John Finley, which addressed a challenge to the confession of an adult with intellectual limitations. Coincidentally, we learned today of two articles related to confessions that may interest our readers. First, the day after the Finley decision was released, Science published this article about Saul Kassin, an expert on false confessions. Finley […]
Source: WI Public Defenders – On Point
Some resources on involuntary confessions

Categories
1. Generally 45. WI Court of Appeals 5. Coercion or misconduct 5. Confessions a. Police C. Unpublished Opinions C. Voluntariness

Over strong dissent, court of appeals rejects challenge to voluntariness of confession

State v. John S. Finley, 2018AP258-CR, District 2, 6/12/19 (not recommended for publication); case activity (including briefs) Here’s a succinct summary of this decision: “The Majority supports the government’s  ‘interview,’ which utilized lies, threats, and fabrication of evidence to wrestle a statement from a thirty-six-year-old man, who has the mind of a twelve year old […]
Source: WI Public Defenders – On Point
Over strong dissent, court of appeals rejects challenge to voluntariness of confession

Categories
1. Definitions 1. Miranda custody 15. Evidence 2018-19 Term 29. Pretrial proceedings 44. WI Supreme Court 5. Confessions 6. Confrontation, 6th Am. A. In-Custody, 5th Amendment B. Opinions C. John Doe proceedings D. Hearsay H. Hearsay, Ch. 908 i. Not admitted for truth Important Posts

SCOW muddles confrontation, hearsay analysis; addresses Miranda at John Doe proceeding

State v. Peter J. Hanson, 2019 WI 63, 6/5/19, affirming an unpublished decision of the court of appeals; case activity (including briefs) Hanson was called to testify at a John Doe proceeding looking into an unsolved homicide. He was eventually charged with the crime, and at his trial the jury heard  a portion of Hanson’s John […]
Source: WI Public Defenders – On Point
SCOW muddles confrontation, hearsay analysis; addresses Miranda at John Doe proceeding

Categories
1. Miranda custody 2. Traffic stops 34. Search & Seizure 45. WI Court of Appeals 5. Confessions a. Field Sobriety Testing A. In-Custody, 5th Amendment C. Unpublished Opinions e. Terry stop G. Reasonable suspicion

Polite questioning about drinking and evening plans don’t amount to custody or require Miranda warning

Marquette County v. Christopher Patrick Bray, 2018AP665, 2/28/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs). Bray was convicted of OWI. He argued that the circuit court should have suppressed statements he made to a sergeant during a traffic stop because he wasn’t Mirandized. The court of appeals held that Bray wasn’t […]
Source: WI Public Defenders – On Point
Polite questioning about drinking and evening plans don’t amount to custody or require Miranda warning

Categories
1. Consent 1. Generally 25. Juvenile proceedings 34. Search & Seizure 35. Sentencing 4. Probable cause to arrest 45. WI Court of Appeals 5. Confessions 6. Disposition 6. Restitution a. Dispositional options B. Delinquency proceedings c. Apparent Authority C. Unpublished Opinions C. Voluntariness C. Warrant unnecessary D. Search incident to arrest d. Third-Party D. Type of punishment f. Trial court authority

Bomb scare adjudication upheld, but restitution order reversed in part

State v. J.P., 2017AP1905, District 1, 9/5/18 (one-judge decision; ineligible for publication); case activity J.P. was adjudicated delinquent for calling in two bomb scares to his high school. The court of appeals rejects his claims that the police lacked probable cause to arrest him and unlawfully searched his phone and that his confession was involuntary. […]
Source: WI Public Defenders – On Point
Bomb scare adjudication upheld, but restitution order reversed in part