State v. Carlos Cummings and State v. Adrean L. Smith, 2014 WI 88, 7/24/14, affirming per curiam court of appeals decisions in 2011AP1653-CR & 2012AP520-CR, majority opinion by Justice Ziegler; concurrence/dissent by Justice Prosser (joined by Justice Bradley); dissent by Chief Justice Abrahamson; case activity for Cummings and Smith

These cases address whether two Mirandized suspects unequivocally invoked their respective rights to remain silent, or cut off questioning, during police interrogations.  Citing State v. Markwardt, 2007 WI App 242 the majority held that both defendants seem to have meant something other than what they literally said.  Their attempts to cut off questioning were “equivocal” and thus their statements need not be suppressed.

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State v. Hershel R. Stanley, 2013AP2477, District 4, 7/24/14 (recommended for publication); case activity

Even if DOC was required to release Stanley from prison on his presumptive mandatory release date instead of holding him to his maximum discharge date, the ch. 980 petition filed against him before his discharge date was timely because § 980.02(1m) permits filing a ch. 980 petition before a person is released or discharged from his sentence.

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State v. Matthew D. Campbell, 2011AP1445-CR, District 4, 7/24/14 (not recommended for publication); case activity

After a victim admitted during cross-examination that she lied under oath during direct examination, the trial court advised the victim of her right against self-incrimination. (¶3-4). She invoked that right and was given immunity under §§ 972.08 and 972.085. (¶4). Cross-examination resumed, yielding additional admissions by the victim that she lied or gave inconsistent statements. (¶¶5-6). Under these circumstances, trial counsel was not ineffective for not moving to strike the victim’s direct examination testimony.

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SCOW unable to agree on whether cell phone tracking is a search

July 25, 2014

State v. Bobby L. Tate, 2014 WI 89, 7/24/14, affirming an unpublished court of appeals decision; majority opinion by Justice Roggensack; case activity State v. Nicolas Subdiaz-Osorio, 2014 WI 87, 7/24/14, affirming an unpublished per curiam court of appeals decision; lead opinion by Justice Prosser; case activity In two decisions consisting of 8 […]

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SCOW: “Never retreat, never retract . . . never admit a mistake”

July 25, 2014

State v. Tramell Starks,  2013 WI 69, affirming an unpublished court of appeals decision, case activity; reconsideration denied 7/24/14, concurring opinion by Chief Justice Abrahamson Taking a cue from Napolean Bonaparte, the Wisconsin Supreme Court just denied two, year-old reconsideration motions outlining many serious mistakes in the Starks majority opinion (written by Justice Gableman).  No, […]

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SCOW toughens standards for 974.06 postconviction motions and 971.08(2) plea withdrawal motions

July 24, 2014

State v. Andres Romero-Georgana, 2014 WI 83, 7/23/14, affirming an unpublished court of appeals opinion; majority opinion by Justice Prosser, dissenting opinion by Justice Bradley; case activity Oliver Wendell Holmes said “hard cases make bad law.”  This decision proves that simple cases can too.  If you thought winning a §974.06 […]

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SCOW: Court’s failure to specify crime for which probable cause found didn’t invalidate bindover of juvenile charged in adult court

July 23, 2014

State v. Cortez Lorenzo Toliver, 2014 WI 85, 7/23/14, affirming an unpublished per curiam court of appeals decision; majority opinion by Justice Prosser; case activity When a juvenile is charged with a crime that gives the criminal court exclusive original jurisdiction, § 970.032(1) expressly requires the judge conducting the preliminary hearing to find probable cause for the […]

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SCOW “elaborates” and alters test for getting in camera review of confidential informant

July 23, 2014

State v. Jessica A. Nellessen, 2014 WI 84, 7/23/14, reversing a published court of appeals decision; majority opinion by Justice Gableman; case activity Under the two-step procedure for determining whether a confidential informant’s identity should be disclosed, a court must first determine whether there is reason to believe that the informant […]

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Court holds “independent” sources of information save investigation that also relied on statement compelled by probation agent

July 23, 2014

State v. Christopher T. Seiler, 2013AP1911-CR, District 2, 7/23/14 (not recommended for publication); case activity Seiler’s compelled statement to his probation agent didn’t taint a subsequent police investigation that led to new charges because, the court of appeals holds, the police investigation was based on sources “independent” of his statements to […]

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Counsel wasn’t ineffective for following client’s decision to proceed to trial instead of seeking adjournment

July 23, 2014

State v. Kenneth A. James, 2013AP2409-CR, District 2, 7/23/14 (not recommended for publication); case activity James insisted on going to trial even though the transcript from the preliminary hearing hadn’t yet been prepared, so he can’t complain now that trial counsel was ineffective for failing to seek an adjournment so […]

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