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4. Exceptions to Miranda

State v. William Lester Jackson, 2018AP896-CR, District 1, 1/23/19, (not recommended for publication); case activity (including briefs) Jackson accidentally shot himself with a firearm that a friend left in his car and then drove himself to a hospital. A detective chained him to his bed because he needed to talk to Jackson but he also… Read More

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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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Review of a published court of appeals decision; case activity (including briefs) Issue (from petition for review): Is a defendant deprived of his constitutional right against self-incrimination and his rights guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and Article I, § 8 of the Wisconsin Constitution by the admission at trial in the state’s… Read More

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Miranda – Exceptions – Booking Questions

State v. Joseph K. Bryant, 2001 WI App 41, 241 Wis. 2d 554, 624 N.W.2d 865 For Bryant: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether the “routine booking question” exception to Miranda permitted questions about biographical data. Holding: Miranda warnings need not precede routine questions that merely gather background biographical data in the booking… Read More

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Miranda – Good-Faith Exception

State v. George W. Hindsley, 2000 WI App 130, 237 Wis. 2d 358, 614 N.W.2d 48 For Hindsley: James B. Connell Issue: Whether a good-faith exception to Miranda should be recognized. Holding: The court of appeals doesn’t have authority to articulate a good-faith exception to Miranda: “(It) is not the proper role of this court to create… Read More

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