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Evenly divided SCOW affirms limits on use of statement obtained in violation of Miranda

State v. Manuel Garcia, 2021 WI 76, 9/24/21, affirming a published decision of the court of appeals; case activity (including briefs)

As explained in our post on the published decision, the court of appeals held that a defendant’s voluntary statement obtained in violation of Miranda can’t be used in the state’s case-in-chief, even for impeachment if the defendant elects to testify. The supreme court granted the state’s petition for review. Justice Hagedorn withdrew from consideration of the case, and the remaining justices were evenly divided. Thus, the court of appeals decision is affirmed.

 

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