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A. In-Custody, 5th Amendment

State v. Adam W. Vice, 2018AP2220-CR, 5/19/20, District 3 (recommended for publication); case activity (including briefs) This is a “recommended for publication”, split court of appeals opinion where the State lost in a child sexual assault case. In other words the State will surely petition for review, and SCOW will take it. Applying State v… Read More

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State v. D.R.C., 2019AP1155, District 2, 5/13/20 (one-judge decision; ineligible for publication); case activity Police detained, initially handcuffed, patted down, and then questioned D.R.C. about his involvement in a car crash from which he had fled. The court of appeals holds the officers’ actions were part of an investigatory Terry stop and didn’t amount to… Read More

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Ladarius Marshall v. Scott Eckstein, No. 15-CV-008 (E.D. Wis. Apr. 22, 2020) Marshall pleaded to homicide and other charges. Before he did so, though, he moved to suppress statements he’d made during more than 12 hours of interrogation at the police station (he was 16 years old at the time). The trial court and our… Read More

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State v. Keith M. Abbott, 2020 WI App 25; case activity (including briefs) After losing a suppression motion, Abbott pled “no contest” to 2nd degree intentional homicide. The court of appeals affirmed the denial of suppression for some evidence and reversed it as to other evidence. It held that Abbott’s mental breakdown during questioning did… Read More

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State v. Brian Halverson, 2018AP858-CR, review of a published court of appeals opinion granted 3/17/20; case activity (including briefs) Issues: Whether a person who is interrogated by police while incarcerated is “in custody” and entitled to a Miranda warning under either the federal or state constitution? Whether, under the totality of the circumstances, Halverson, who… Read More

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State v. Dobbs, 2018AP319-CR, petition for review of a per curiam opinion granted 1/14/20; case activity (including briefs) Issues (based on Dobbs’ petition for review and SCOW’s order granting review: 1. Did the trial court err in precluding the defense’s expert on false confessions from testifying where, consistent with State v. Smith, 2016 WI App 8… Read More

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The 5th Amendment is an invincible shield against takings claims but not against self-incrimination and double jeopardy claims.  And, of course, the justices political leanings influence their positions. Click SCOWstats for the justice-by-justice analysis… Read More

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State v. Brian L. Halverson, 2019 WI App 66; 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 court of appeals’… Read More

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