State v. George W. Hindsley, 2000 WI App 130, 237 Wis. 2d 358, 614 N.W.2d 48 For Hindsley: James B. Connell Issue: Whether a deaf suspect, fluent in ASL but with limited proficiency in English, validly waived his Miranda rights, when those rights were explained to him in English-based (“transliteration”) signing. Holding: When the suspect… Read more
A. In-Custody, 5th Amendment
State v. George W. Hindsley, 2000 WI App 130, 237 Wis. 2d 358, 614 N.W.2d 48 For Hindsley: James B. Connell Issue: Whether a good-faith exception to Miranda should be recognized. Holding: The court of appeals doesn’t have authority to articulate a good-faith exception to Miranda: “(It) is not the proper role of this court to create… Read more
State v. Frederick G. Jackson, 229 Wis. 2d 328, 600 N.W.2d 39 (Ct. App. 1999), affirmed on habeas review, Frederick G. Jackson v. Frank, 02-1979, 11/6/03 For Jackson: Allan D. Krezminski. Issue/Holding: During custodial interrogation, Jackson asked for an attorney, and the detective gave erroneous advice, namely that Jackson could have an attorney once charges “were established”… Read more
State v. Dale Gruen, 218 Wis. 2d 581, 582 N.W.2d 728 (Ct. App. 1998) For Gruen: Scott F. Anderson Issue/Holding: … (W)hether or not Gruen was being detained pursuant to a Terry stop, or had been arrested for Fourth Amendment purposes, is not the determinative consideration. The only important inquiry is whether, for Fifth amendment… Read more
