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Published 2008

State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: ¶25      …  If a suspect requests counsel at any time during the interview, he or she is not subject to further questioning until a lawyer has been made available or the suspect himself or herself reinitiates conversation. … ¶26      The Fifth… Read More

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State v. Pablo Ruiz-Velez, 2008 WI App 169 For Ruiz-Velez: Melnda A. Swartz, SPD, Milwaukee Appellate Issue: Whether audiovisual recordings of statements made by alleged victims and admitted into evidence under § 908.08(1) must be transcribed by the official court reporter. Holding: ¶4        Wisconsin Stat. Rule 885.42(4) provides: “At trial, videotape depositions and other testimony presented… Read More

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Waukesha Co. DHHS v. Teodoro E., 2008 WI App 16, District 2 (published) Issue/Holding: A deported father’s participation in the TPR proceeding by a webcam system was “meaningful,” given that he could see and hear witnesses, be seen by the court, and communicate privately with counsel and with aid of an interpreter, ¶¶10-19. State v… Read More

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Manitowoc County HSD v. Allen J., 2008 WI App 137 Issue/Holding: ¶1 Allen J. appeals from orders terminating his parental rights to his children, Brandon [1] and Stephanie J. He argues that he was deprived of his right to a jury trial because the court, rather than the jury, answered one of the verdict questions… Read More

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Oneida Co. DSS v. Therese S., 2008 WI App 159 Grounds Issue/Holding: Informing the parent of potential “dispositions in a general sense” is not enough to satisfy § 48.422(7)(a): ¶16      Thus, at the very least, a court must inform the parent that at the second step of the process, the court will hear evidence related to… Read More

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Prior Assertion of Right to Counsel

State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: “Under the above case law, it is clear that, if Cole did invoke his Fifth Amendment/Miranda right to counsel when he was arrested on the battery charge, then the statement he gave Officer Riley while still in custody is inadmissible even… Read More

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State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: ¶38      The parties have not provided, and we have not discovered, any case that addresses the burden of proof in a factual context similar to this—where the defendant asserts he previously invoked his right to counsel as a basis for… Read More

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State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: The State bears the burden of proof, by preponderance of evidence, of a valid waiver of Miranda rights, ¶27. ¶35      As we have stated above, it is the State’s burden to prove by a preponderance of the evidence that the defendant validly waived… Read More

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