On Point: c. Incarcerated person

State v. Brian L. Halverson, 2021 WI 7, affirming a published court of appeals opinion, 2018AP858CR; case activity (including briefs)

Halverson was interrogated over the phone by a police officer while he was in jail on an unrelated matter. Wisconsin courts once treated incarceration as per se Miranda custody, believing that was the law SCOTUS had established. But Howes v. Fields, 565 U.S. 499 (2012), held that it’s not. Halverson argued the Wisconsin Supreme Court should adopt the per se rule under our state’s Constitution, but SCOW now declines. It also holds that the particular circumstances here didn’t amount to custody in the absence of such a rule.

State v. Brian Halverson, 2018AP858-CR, review of a published court of appeals opinion granted 3/17/20; affirmed 1/29/21; case activity (including briefs)

Issues:

Whether a person who is interrogated by police while incarcerated is “in custody” and entitled to a Miranda warning under either the federal or state constitution?

Whether, under the totality of the circumstances, Halverson, who was incarcerated in jail was “in custody” when police interrogated him?

Docket

Decision below (617 F.3d 813 (6th Cir 2010))

Question Presented (by Scotusblog):

Whether this Court’s clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always “in custody” for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct occurring outside the prison regardless of the surrounding circumstances.

Cert petition

Brief in opposition

Petitioner’s reply

Scotusblog page

The grant appears to raise the recurrent problem of whether Miranda warnings are always and necessarily required when someone already incarcerated is interrogated by the police on a different offense.