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2. Interrogation

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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Another garage hot pursuit case

State v. Jonalle L. Ferraro, 2018AP498, 11/8/18, District 4 (one-judge decision; ineligible for publication); case activity As in Palmersheim just last week, here we have another successor to Weber from the 2016 term – an officer follows a driver (or recent driver) into his or her garage to arrest. And, as in Palmersheim, the court concludes… Read More

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State v. Brian Harris, 2017 WI 31, 4/7/17, affirming a published court of appeals opinion, 2016 WI App 2; case activity (including briefs) “This freedom from compelled self-incrimination is one of the nation’s ‘most cherished principles.’ Miranda, 384 U.S. at 458. We are sufficiently solicitous of this protection that we guard it by patrolling a generous… Read More

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Today marks the 50th anniversary of Miranda v. Arizona. In honor of the occasion, The Marshall Project asks: For 50 years, you’ve had “the right to remain silent.” So why do so many suspects confess to crimes they did not commit? Read the full report here… 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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State v. Brian I. Harris, 2016 WI App 2, petition for review granted 4/6/16, affirmed 2017 WI 31; case activity (including briefs) Incriminating statements Harris made while he was in custody were admissible despite the lack of Miranda warnings because the statements were either sufficiently attenuated from the taint of police questioning or were not made in… Read More

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State v. Mastella L. Jackson, 2015 WI App 49, petition for review granted, 10/8/15, affirmed, 2016 WI 56; click here for briefs This decision is SCOW bait. Police in Outagamie County engaged in what the court of appeals called “reprehensible” actions while interrogating the defendant. “Outraged” the circuit court suppressed the defendant’s statements to police and… Read More

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State v. Carlos Cummings and State v. Adrean L. Smith, 2014 WI 88, 7/24/14, affirming per curiam court of appeals decisions in 2011AP1653-CR & 2012AP520-CR, majority opinion by Justice Ziegler; concurrence/dissent by Justice Prosser (joined by Justice Bradley); dissent by Chief Justice Abrahamson; case activity for Cummings and Smith These cases address whether two Mirandized suspects… Read More

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