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7. Confession suppressed

State v. Julius Alfonso Coleman, 2013AP2100-CR, 3/21/2017, District 1 (not recommended for publication); case activity (including briefs) Julius Coleman was set up by a confidential informant to participate in an armed robbery of a nonexistent drug dealer named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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State v. Brandon D Andre Burnside, 2013AP1293-CR, District 1, 4/29/14 (not recommended for publication); case activity Under the totality of the circumstances, a reasonable person in Burnside’s position would not have believed that he could stop police questioning and leave. Therefore, the statements he made to the police before they administered Miranda warnings must be suppressed… Read More

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State v. Andrew M. Edler, 2013 WI 73, on certification of the court of appeals; majority opinion by Justice Crooks; case activity Maryland v. Shatzer, 559 U.S. 98 (2010), allows police to reinitiate interrogation of a defendant who invoked his right to counsel if the defendant has been released from custody for at least 14… Read More

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State v. Corey J. Uhlenberg, 2013 WI App 59; case activity Miranda custody Uhlenberg was in “custody” during an interview at the police department, so the circuit court should have suppressed the statements Uhlenberg made during the interrogation after he requested an attorney: ¶11      Throughout its arguments, the State emphasizes the fact that the detective repeatedly… Read More

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State v. Pierre R. Conner, 2012 WI App 105 (recommended for publication); case activity Interrogations – Miranda-Edwards Rule – Unequivocal Request for Counsel  The issues on a request-for-counsel challenge to in-custody interrogation are whether the individual  unequivocally invoked his right to counsel and, if so, whether he subsequently reinitiated questioning, Edwards v. Arizona, 451 U.S. 477, 484-85 (1981). Although the trial… Read More

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