State v. Timothy E. Dobbs, 2020 WI 64, 7/3/20, affirming an unpublished per curiam court of appeals opinion, 2018AP319; case activity (including briefs) There’s really only one important holding here: despite adoption of the Daubert standard, Wisconsin continues to permit expert testimony in the form of “dissertation or exposition.” That is, an expert can educate… Read more
b. Handcuffing
State v. D.R.C., 2019AP1155, District 2, 5/13/20 (one-judge decision; ineligible for publication); case activity Police detained, initially handcuffed, patted down, and then questioned D.R.C. about his involvement in a car crash from which he had fled. The court of appeals holds the officers’ actions were part of an investigatory Terry stop and didn’t amount to… Read more
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
State v. Omar Quinton Triggs, 2015AP2533, 6/13/17, District 1 (not recommended for publication); case activity (including briefs) A patrolling officer saw Triggs “close a garage door and quickly run to the driver’s door” and get into his car, which was parked nearby in an alley. Five officers in three vehicles converged, forcibly removed Triggs from… Read more
Review of a published court of appeals decision; case activity (including briefs) Issue (from petition for review): Is a defendant deprived of his constitutional right against self-incrimination and his rights guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and Article I, § 8 of the Wisconsin Constitution by the admission at trial in the state’s… Read more
State v. Eriberto Valadez, 2014AP2855-CR, District 1, 9/1/15 (not recommended for publication); case activity (including briefs) Under State v. Goetz, 2001 WI App 294, 249 Wis. 2d 380, 638 N.W.2d 386, Valadez wasn’t in custody for Miranda purposes during the execution of a search warrant of his home, so the police questioning of him during that… Read more
State v. Zan Morgan, 2002 WI App 124 For Morgan: Timothy A. Provis Issue: Whether Morgan was in custody, for Miranda purposes, after being handcuffed and placed in the back of a squad car. Holding: Custody is determined under “the totality of the circumstances, including such factors as: the defendant’s freedom to leave; the purpose, place, and length of… Read more
State v. Susan M. Goetz, 2001 WI App 294 For Goetz: Nila J. Robinson Issue: Whether a person, detained during execution of a search warrant but not handcuffed until after questioning, was in custody for Miranda purposes. Holding: A suspect detained during execution of a search warrant isn’t in custody under Miranda. ¶12. In this case, Goetz was… Read more
