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a. Police

When last we wrote about we Brendan Dassey, the 7th Circuit, sitting en banc, had vacated the writ of habeas corpus issued the Eastern District of Wisconsin. Dassey has since filed a cert petition in SCOTUS, and numerous organizations have filed amicus briefs in support of it. If you have a case involving a possibly… Read More

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State v. Chad David Knauer, 2017AP2243-CR, 3/22/18, District 4 (one-judge opinion; ineligible for publication); case activity (including briefs) Hats off to defense counsel, the circuit court, and court of appeals for the decision in this case. The State charged Knauer with misdemeanor theft of property. Police had interviewed him for just 1 hour at about… Read More

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Francisco Carrion v. Kim Butler, 7th Circuit Court of Appeals No. 14-3241, 2016 WL 4537374, 8/31/16 Carrion’s habeas petition made the novel claim that his confession was involuntary because of the fact it was translated by the investigating detective. You won’t be surprised to learn that the federal courts rejected his claim. At the time he was… 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State v. Jeanette M. Janusiak, 2015AP160-CR, 1/28/16, District 4 (not recommended for publication); case activity (including briefs) Pregnancy does not by itself make a suspect particularly vulnerable to police pressure and tactics during custodial interrogation, the court of appeals holds, so the fact that Janusiak was in an advanced state of pregnancy didn’t render her… Read More

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Review of a published court of appeals decision; case activity (including briefs) Issues (composed by On Point from the PFR) Does the inevitable discovery doctrine require the State to show that information gained through police misconduct did not prompt or influence the purportedly lawful investigation? Does the inevitable discovery doctrine require the State to show that it… 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. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: ¶29      Berggren also argues that his statements were induced by promises of probation and treatment. This amounts to an argument that his statements were not voluntarily given. He contends that the detective questioning him conveyed: “the belief that… Read More

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