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C. Voluntariness

State v. Adam W. Vice, 2021 WI 63, 6/16/21, reversing a published decision of the court of appeals; case activity (including briefs) The circuit court and court of appeals held Vice’s post-polygraph confession was involuntary because the police officers interrogating him referred multiple times to Vice’s polygraph results (he failed), told him that proved he remembered… Read more

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State v. Daniel J. Rejholec, 2021 WI App 45; case activity (including briefs) Police arrested Rejholec on suspicion of sexual assault of a minor. After receiving the Miranda admonitions, Rejholec agreed to speak with a detective. The interrogation was recorded on video. That video reveals the detective’s aggressive deployment of the so-called Reid technique: a… Read more

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State v. Manuel Garcia, 2020 WI App 71, petition to review granted, 1/20/21, affirmed by an evenly divided court, 2021 WI 76; 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… 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, reversed, 2021 WI 63; 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… Read more

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State v. Dobbs, 2018AP319-CR, petition for review of a per curiam opinion granted 1/14/20; case activity (including briefs) Issues (based on Dobbs’ petition for review and SCOW’s order granting review: 1. Did the trial court err in precluding the defense’s expert on false confessions from testifying where, consistent with State v. Smith, 2016 WI App 8… Read more

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Some resources on involuntary confessions

We posted yesterday about State v. John Finley, which addressed a challenge to the confession of an adult with intellectual limitations. Coincidentally, we learned today of two articles related to confessions that may interest our readers. First, the day after the Finley decision was released, Science published this article about Saul Kassin, an expert on false confessions. Finley… Read more

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State v. John S. Finley, 2018AP258-CR, District 2, 6/12/19 (not recommended for publication); case activity (including briefs) Here’s a succinct summary of this decision: “The Majority supports the government’s  ‘interview,’ which utilized lies, threats, and fabrication of evidence to wrestle a statement from a thirty-six-year-old man, who has the mind of a twelve year old… Read more

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