On Point blog, page 7 of 7
Miranda Waiver, Deaf Suspect
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 is advised of Miranda rights in a language other than English (including sign language for a deaf suspect such as Hindsley),
Miranda Waiver – Inaccurate Advice Re: Timing of Appointment of Counsel
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” (erroneous, of course, because Jackson had a right to pre-charging consultation).