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2. Interrogation

State v. Ulanda M. Green, 2018AP1350-CR, petition for review granted 9/3/19; case activity (including briefs) Issues: Whether law enforcement’s “dialogue” with Green amounted to an “interrogation” that should have been preceded by a Miranda warning? Whether Green invoked her right to remain silent when law enforcement asked her if she would like to make a… Read More

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State v. Traci Busha, 2018AP1863, 8/20/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Ms. Busha’s car was stuck in a ditch on the outskirts of Superior. A responding police officer found her alone in the passenger seat. She had been drinking but said she hadn’t been driving; her boyfriend “Scott” had… Read More

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State v. Ulanda M. Green, 2018AP1350-CR, District 1, 5/29/19 (not recommended for publication), petition for review granted, 9/3/19; case activity (including briefs) Green sought to suppress incriminating statements she made to police both before and after being given the Miranda warnings. The court of appeals holds that the pre-Miranda statement Green made was not the product… 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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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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