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3. Assertion/waiver of rights

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. 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… Read More

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State v. Ulanda M. Green, 2018AP1350-CR, District 1, 5/29/19 (not recommended for publication), petition for review granted, 9/3/19; case activity (including briefs) Green sought to suppress incriminating statements she made to police both before and after being given the Miranda warnings. The court of appeals holds that the pre-Miranda statement Green made was not the product… Read More

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State v. Daniel J.H. Bartelt, 2018 WI 16, 2/20/18, affirming a published court of appeals opinion, case activity (including briefs) Suppose you confessed to attempted homicide while sitting in a police station interrogation room with 2 officers who are positioned between you and the exit. Would you feel free to leave? The majority says a… Read More

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State v. Daniel H. Bartelt, 2015AP2506-CR, 6/15/17, granting review of a published court of appeals opinion; case activity (including briefs) Issues: 1.  After confessing to an attempted homicide or other serious crimes, would a reasonable person feel free to terminate a police interview and leave an interrogation room, such that the person in not “in… Read More

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State v. Daniel J.H. Bartelt, 2017 WI App 23, petition for review granted 6/15/17, affirmed, 2018 WI 16, ; case activity (including briefs) During a police interview about an attempted homicide, Bartelt made incriminating statements and then unequivocally invoked his right to counsel. A few minutes later, police arrested him. The next day, different officers advised Bartelt of… Read More

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State v. Christopher E. Masarik, 2015AP194-CR, District 1, 10/4/16 (not recommended for publication); case activity (including briefs) Masarik didn’t unequivocally assert his right to have counsel present while he was being questioned about an arson that resulted in the death of another, and his statement wasn’t involuntary despite his mental health difficulties. About two hours… Read More

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