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7. Confession suppressed

State v. Manuel Garcia, 2018AP2319-CR, petition for review granted 1/20/21; case activity Issue for review: (adapted from the State’s PFR  and the COA’s opinion): Whether the State may invoke the impeachment exception to the exclusionary rule during its case-in-chief and thereby use a defendant’s statement, taken in violation of Miranda, to rehabilitate one of its… Read more

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State v. Manuel Garcia, 2020 WI App 71, petition to review granted, 1/20/21; case activity (including briefs) Even if a court suppresses a defendant’s voluntary statement because it was obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966), the state may use the statement to impeach the defendant if he or she elects… Read more

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State v. Adam W. Vice, 2018AP2220-CR, petition for review of a published, split opinion granted August 20, 2020, case activity Issue for review: (State’s petition for review; Vice’s response) During a post-polygraph interview, police repeatedly referenced Vice’s polygraph test results and failed to inform him that the results would be inadmissible in court. Did the… Read more

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State v. Adam W. Vice, 2020 WI App 34, petition for review granted 8/30/20; 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… Read more

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State v. Julius Alfonso Coleman, 2013AP2100-CR, 3/21/2017, District 1 (not recommended for publication); case activity (including briefs) Julius Coleman was set up by a confidential informant to participate in an armed robbery of a nonexistent drug dealer named “Poncho.” He challenges the admission of various statements at trial on the ground that they were taken in… Read more

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Brendan Dassey conviction overturned

Brendan Dassey v. Michael A. Dittmann, U.S. District Court (E.D. Wis.) No. 14-CV-1310, 2016 WL 4257386, 8/12/16 Brendan Dassey was charged with homicide and sexual assault after confessing to being involved in the murder of Teresa Halbach along with his uncle, Steven Avery. He challenged his confession, arguing it was involuntary, but the trial court and court of appeals… Read more

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State v. Mastella L. Jackson, 2016 WI 56, 7/1/16, affirming a published decision of the court of appeals, 2015 WI App 49, 363 Wis. 2d 553, 866 N.W.2d 768; case activity (including briefs) Despite the “flagrant” and “reprehensible” violations of Jackson’s Fifth Amendment rights by police, the supreme court holds that physical evidence seized based in… Read more

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State v. Marie A. Ezell, 2014 WI App 101; case actvity Prison guards overheard Ezell tell her incarcerated boyfriend that she would smuggle in drugs for him on her next visit. When she tried to follow through, the guards detained her in a conference room, questioned her, and obtained damning evidence.  Due to the lack… Read more

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