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6. Evidentiary use of silence

No error in joinder, denial of substitution

State v. Joe Bonds Turney, 2015AP1651-CR & 2015AP1652-CR, District 1, 8/30/16 (not recommended for publication); case activity (including briefs) Turney claims the trial court erred in permitting joinder of two cases for trial and in denying his motion for substitution of judge following his arraignment. He also argues he is entitled to an evidentiary hearing on his ineffective… Read More

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State v. David D. Hartl, Jr., 2014AP2921-CR, District 3, 7/28/15 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) In this OWI case, trial counsel moved to exclude reference to the 911 call about a possible drunk driver, which is what led to police to look for Hartl’s car and ultimately stop him. The… Read More

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State v. Russell S. Krancki, 2014 WI App 80; case activity In the first Wisconsin case to address how Salinas v. Texas, 570 U.S. ___, 133 S. Ct. 2174 (2013), affects the admission of evidence of a defendant’s silence, the court of appeals reads Salinas to apply to a narrow factual scenario not present in this case. The court goes on to assume that trial counsel should… Read More

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Randy White v. Robert Keith Woodall, USSC No. 12-794, 4/23/14, reversing and remanding Woodall v. Simpson, 685 F.3d 574 (6th Cir. 2012); case activity It’s getting harder and harder to win a habeas case.  Woodall requested an instruction forbidding jurors from drawing adverse inferences from his decision to not testify during the penalty phase of… Read More

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State v. Haven Pettigrew, 2012AP1860-CR, District 2/1, 7/2/13; court of appeals decision (not recommended for publication); case activity Reference to right against self-incrimination Defense counsel revealed her theory of defense for the first time in her opening statement. During direct examination of the lead detective if that was the first time he had heard that… Read More

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Questions presented: 1. Whether the Sixth Circuit violated 28 U.S.C. §2254(d)(1) by granting habeas relief on the trial court’s failure to provide a no adverse inference instruction even though this Court has not “clearly established” that such an instruction is required in a capital penalty phase when a non-testifying defendant has pled guilty to the crimes… Read More

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Genovevo Salinas v. Texas, USSC No. 12-246, 6/17/13 United States Supreme Court decision, affirming Salinas v. State, 369 S.W.2d 176 (Tex. Crim. App. 2012) Consistent with the rule applied to a defendant’s silence after being informed of his Miranda rights, the Supreme Court holds that a suspect who is being questioned before he was arrested… Read More

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Pre-Miranda Silence

State v. Frank Plum, 2011AP956-CR, District 3, 11/1/11 court of appeals decision (1-judge, not for publication); for Plum: Martha K. Askins, SPD, Madison Appellate; case activity The officer who stopped Plum for suspected drunk driving testified that Plum refused to answer questions about the type or amount of medication he had consumed: this amounted to… Read More

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