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5. Confessions

State v. Peter J. Hanson, 2016AP2058-CR, petition for review of per curiam opinion granted 1/15/19; case activity (including briefs) Issues (from the petition for review): Whether the admission of hearsay statements of a defendant’s deceased wife inculpating him in murder violates his right to confrontation? Whether trial counsel is ineffective in failing to move to… Read More

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State v. Dedric Earl Hamilton, Jr., 2018AP200-CR, 12/26/18, District 1 (not recommended for publication); case activity (including briefs) A jury convicted Hamilton of 1st-degree sexual assault of his 8-year old niece. On appeal, he argued that: (1) he was he entitled to a hearing on his postconviction motion in which he alleged, with the support… Read More

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Another garage hot pursuit case

State v. Jonalle L. Ferraro, 2018AP498, 11/8/18, District 4 (one-judge decision; ineligible for publication); case activity As in Palmersheim just last week, here we have another successor to Weber from the 2016 term – an officer follows a driver (or recent driver) into his or her garage to arrest. And, as in Palmersheim, the court concludes… Read More

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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… Read More

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State v. Brian D. Frazier, 2017AP1249-CR, District 4, 8/2/18 (not recommended for publication); case activity (including briefs) Frazier agreed to drive himself to the police station to answer some questions and was assured when the questioning began that he was not under arrest and did not have to answer questions. But the initial non-custodial encounter was transformed into… Read More

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State v. Dion Lashay Byrd, 2017AP1968, 6/26/18, District 1 (not recommended for publication); case activity (including briefs) Byrd was convicted of making a bomb threat to the Fox 6 TV station in Milwaukee. He claims the sentencing court relied on two improper factors in imposing the maximum sentence for this Class I felony. First, he says the… Read More

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On Point is sorry to report that on Monday SCOTUS denied Brendan Dassey’s petition for writ of certiorari. Click here. This means that the 7th Circuit’s decision en banc stands and Dassey remains in custody. Dassey’s cert petition and the many amicus briefs supporting it make great arguments. With different facts, they might prevail. So… Read More

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Police lies during interrogation

It happens all the time, and it’s been dubbed an art. This new article,  Extending Miranda: Prohibition on Police Lies Regarding the Incriminating Evidence (54 San Diego Law Review 611 (2017), argues that police lies increase the risk of false confessions and infringe upon the defendant’s right to remain silent, the presumption of innocence, and the… Read More

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