On Point blog, page 12 of 17
Custodial Interrogation: Request for Counsel – Waiver of Rights – Invocation of Counsel – Assertion of Right to Silence
State v. Patrick E. Hampton, 2010 WI App 169 (recommended for publication); for Hampton: Michael S. Holzman; BiC; Resp.; Reply
Custodial Interrogation – Request for Counsel
To invoke the 5th amendment right to counsel during custodial interrogation, the suspect must assert the right unambiguously, something Hampton did not do.
¶30 Hampton alleges that detectives ignored him and continued to inappropriately question him five minutes into the July 20 interview,
J.D.B. v. North Carolina, USSC No. 09-11121, cert granted 11/1/10
Decision below (N.C. supreme court)
Question Presented:
Whether, in the context of interrogating a juvenile in a school setting, “custody” for purposes of triggering Miranda warnings is determined by a purely objective test; or includes subjective considerations such as the subject’s age and status as a special education student.
The nub of the lower court holding:
…
Interrogation Request for Counsel – Re-Initiation by Suspect; Assertion-Waiver, Right to Silence
State v. Robert Allen, Jr., 2009AP2596-CR , District 1, 9/14/10
court of appeals decision (3-judge, not recommended for publication); for Allen: Bradley J. Lochowicz; BiC; Resp.; Reply
Interrogation Request for Counsel – Re-Initiation by Suspect
Allen’s invocation of right to counsel terminated his interrogation, but he immediately re-initiated communication with the police by asking “what’s going on”:
¶15 “Even after a suspect in custody asks to speak with a lawyer,
Interrogation – Ambiguous Request for Counsel; Joinder/Severance; Evidence – Autopsy Photos
State v. Adamm D.J. Linton, 2010 WI App 129; for Linton: Joseph E. Redding; BiC; Resp.; Reply
Interrogation – Ambiguous Request for Counsel
Initial custodial questioning terminated when Linton invoked his right to silence. During subsequent re-interrogation, Linton said, “when I asked for a lawyer earlier, why wasn’t he appointed to me?” The detective indicated that if Linton was asking for a lawyer then the police would “just stop talking to”
Aris Etherly v. Davis, 7th Cir. No. 09-3535, 08/25/2010
7th Cir. decision; Order denying rehearing and amending opinion, 10/10/15
Habeas – Voluntary Statement – Juvenile
State court determination that juvenile’s custodial statement to police was voluntary wasn’t objectively unreasonable., notwithstanding his age (15), borderline intellectual functioning and lack of criminal background. “(I)t is the totality of the circumstances underlying a juvenile confession, rather than the presence or absence of a single circumstance, that determines whether or not the confession should be deemed voluntary.”
Recorded Confessions; Sentence Credit – Predisposition Secure Detention
State v. Dionicia M., 2010 WI App 134; for Dionicia M.: Andrew Hinkel, SPD Madison Appellate
Recorded Confessions
The juvenile was in custody when she was directed to the locked back seat of a patrol car so that she could be transported back to school after being reported truant; and, because it was feasible under the circumstances to record her ensuing statement, failure to do so rendered it inadmissible.
Right to Silence During Custodial Interrogation; Voluntariness – Police Promises
State v. Phillip K. Saeger, 2009AP2133-CR, District 2, 8/11/10
court of appeals decision (3-judge, not recommended for publication); for Saeger: Michael J. Burr; BiC; Resp.
Right to Silence During Custodial Interrogation
Invocation of the right to silence during custodial interrogation must be clearly articulated, holding to that effect in State v. Ross, 203 Wis. 2d 66, 552 N.W.2d 428 (Ct.
James Collins v. Gaetz, 7th Cir No. 09-2212, 7/13/10
7th circuit court of appeals decision
Habeas – Miranda Waiver
Viewed through the deferential lens of 2254 habeas review, a state court finding that the severely mentally impaired Collins knowingly and intelligently waived his Miranda rights an incriminatory statement was not unreasonable.
Collins had a Wechsler-scale IQ in the low- to mid-60s, exacerbated by a brain aneurysm that damaged his frontal lobes and left him with a language disorder.
Jury Instructions: Exposing Child to Harmful Materials – Accident Defense – Waiver; Evidence: Richard A.P. – Corroboration Rule; Evidence: Character – Polygraph Offer; Voluntary Statement
State v. Esteban M. Gonzalez, 2010 WI App 104, reversed, 2011 WI 63, see: this post; for Gonzalez: Kristin Anne Hodorowski; BiC; Resp.; Reply
Jury Instructions – Exposing Child to Harmful Materials
The pattern instruction on exposing a child to harmful material, § 948.11(2)(a), accurately recites the elements, including scienter.
¶11 We agree with the trial court’s assessment that the pattern instruction accurately states the law.
Appellate Review – Implicit Findings; Statement – Voluntariness
State v. Armando J. Castanada, No. 2009AP1438-CR, District I, 6/15/10
court of appeals decision (3-judge, not recommended for publication); for Castanada: Jeremy C. Perri; BiC; Resp.; Reply
Appellate Review – Implicit Findings
¶30 The postconviction circuit court did not make any express findings as to the credibility of any of the witnesses’ testimony. However, as the State observes, when the circuit court does not make express findings,