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b. Functional equivalent

State v. Ulanda M. Green, 2018AP1350-CR, District 1, 5/29/19 (not recommended for publication); case activity (including briefs) Green sought to suppress incriminating statements she made to police both before and after being given the Miranda warnings.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 of interrogation, so it’s admissible… 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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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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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. Antoine Leshawn Douglas, 2013 WI App 52; case activity Miranda violation — interrogation by police After a lawful arrest, but before being given Miranda warnings, Douglas initiated a conversation with the arresting officer in which he stated he wanted “to work” for the police by offering information about some marijuana dealers. After the… Read More

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State v. Lee Yang, 2012AP1126-CR, Districts 1/4, 2/28/13; court of appeals decision (not recommended for publication); case activity Yang was being interrogated about the shooting death of his ex-wife’s boyfriend when he invoked his right to counsel. Interrogation ceased and he was taken to jail. (¶¶3, 5). Several hours later, Gomez, a homicide detective, visited… Read More

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State v. Scott M. Hambly, 2008 WI 10, affirming 2006 WI App 256 For Hambly: Martha K. Askins, SPD, Madison Appellate Issue: Whether, following his in-custody invocation of right to counsel, Hambly’s subsequent statements that he didn’t know what was going on (eliciting the officer’s response that he’d sold cocaine to an informant) and wanted to talk to… Read More

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Functional Equivalent of Interrogation

State v. Richard K. Fischer, 2003 WI App 5, PFR filed 1/15/03 For Fischer: Mark S. Rosen Issue/Holding: Where “the entire exchange consisted of Fischer asking Vento about the evidence against him, and Vento merely responding to Fischer’s questions, after which Fischer would implicate himself … Vento’s words and conduct in merely responding to Fischer’s questions regarding… Read More

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