State v. Adam W. Vice, 2021 WI 63, 6/16/21, reversing a published decision of the court of appeals; case activity (including briefs) The circuit court and court of appeals held Vice’s post-polygraph confession was involuntary because the police officers interrogating him referred multiple times to Vice’s polygraph results (he failed), told him that proved he remembered… Read more
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State v. John S. Finley, 2018AP258-CR, District 2, 6/12/19 (not recommended for publication); case activity (including briefs) Here’s a succinct summary of this decision: “The Majority supports the government’s ‘interview,’ which utilized lies, threats, and fabrication of evidence to wrestle a statement from a thirty-six-year-old man, who has the mind of a twelve year old… Read more
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
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
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
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
State v. Jeanette M. Janusiak, 2015AP160-CR, 1/28/16, District 4 (not recommended for publication); case activity (including briefs) Pregnancy does not by itself make a suspect particularly vulnerable to police pressure and tactics during custodial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
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
