On Point blog, page 17 of 17
Functional Equivalent of Interrogation
State v. Ondra Bond, 2000 WI App 118, 237 Wis. 2d 633, 614 NW2d 552, affirmed by equally divided vote, 2001 WI 56, 243 Wis. 2d 476, 627 N.W.2d 484
For Bond: William Coleman; Janet Barnes; Ellen Henak, SPD, Milwaukee Appellate
Issue: Whether, following arrest but before administration of Miranda rights, an officer’s response to the suspect’s asking why he’d been arrested was the functional equivalent of interrogation and therefore in violation of Miranda.
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 – Good-Faith Exception
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 an exception to, or modify,
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).
Custody — Terry-type Investigation
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 purposes, he was “in custody.” To determine whether a person is in custody for Fifth amendment purposes:…