On Point: A. In-Custody, 5th Amendment

It happens all the time, and it’s been dubbed an art. This new article,  Extending Miranda: Prohibition on Police Lies Regarding the Incriminating Evidence (54 San Diego Law Review 611 (2017), argues that police lies increase the risk of false confessions and infringe upon the defendant’s right to remain silent, the presumption of innocence, and the prosecution’s obligation to prove its accusations.

State v. Daniel J.H. Bartelt, 2018 WI 16, 2/20/18, affirming a published court of appeals opinion, case activity (including briefs)

Suppose you confessed to attempted homicide while sitting in a police station interrogation room with 2 officers who are positioned between you and the exit. Would you feel free to leave? The majority says a reasonable person would. The dissent by A.W. Bradley (joined by Abrahamson) says a reasonable person would not.  

State v. Daniel H. Bartelt, 2015AP2506-CR, 6/15/17, granting review of a published court of appeals opinion; case activity (including briefs)

Issues:

1.  After confessing to an attempted homicide or other serious crimes, would a reasonable person feel free to terminate a police interview and leave an interrogation room, such that the person in not “in custody” for Miranda purposes?

2.  After confessing, did Bartelt make a clear and unequivocal request for counsel when he asked one of the detectives, “Should I or can I speak to a lawyer or anything?” the detective replied, Sure, yes, that is your option.” And Bartelt replied, “Okay, I think I’d prefer that.”

State v. Omar Quinton Triggs, 2015AP2533, 6/13/17, District 1 (not recommended for publication); case activity (including briefs)

A patrolling officer saw Triggs “close a garage door and quickly run to the driver’s door” and get into his car, which was parked nearby in an alley. Five officers in three vehicles converged, forcibly removed Triggs from his car, and handcuffed him. 

State v. Brian Harris, 2017 WI 31, 4/7/17, affirming a published court of appeals opinion, 2016 WI App 2; case activity (including briefs)

“This freedom from compelled self-incrimination is one of the nation’s ‘most cherished principles.’ Miranda, 384 U.S. at 458. We are sufficiently solicitous of this protection that we guard it by patrolling a generous buffer zone around the central prohibition.” Majority Op. ¶12. That’s the principle in theory. Here’s how it applies in practice.

State v. Julius Alfonso Coleman, 2013AP2100-CR, 3/21/2017, District 1 (not recommended for publication); case activity (including briefs)

Julius Coleman was set up by a confidential informant to participate in an armed robbery of a nonexistent drug dealer named “Poncho.” He challenges the admission of various statements at trial on the ground that they were taken in violation of Miranda. The court of appeals concludes that any error in their admission was harmless beyond a reasonable doubt, but along the way (and not for the first time) seems to confuse the test for harmless error with that for sufficiency of the evidence.

State v. Daniel J.H. Bartelt, 2017 WI App 23, petition for review granted 6/15/17, affirmed, 2018 WI 16, ; case activity (including briefs)

During a police interview about an attempted homicide, Bartelt made incriminating statements and then unequivocally invoked his right to counsel. A few minutes later, police arrested him. The next day, different officers advised Bartelt of his Miranda rights, which he waived before confessing to a murder. The issue is whether Bartelt was in custody when he invoked his right to counsel during the first interview.

State v. Christopher E. Masarik, 2015AP194-CR, District 1, 10/4/16 (not recommended for publication); case activity (including briefs)

Masarik didn’t unequivocally assert his right to have counsel present while he was being questioned about an arson that resulted in the death of another, and his statement wasn’t involuntary despite his mental health difficulties.

State v. Armin G. Wand, III, 2015AP1366-CR, 9/8/16, District 4 (not recommended for publication); case activity (including briefs)

Armin Wand and his brother Jeremy were convicted of crimes relating to a fire at Wand’s residence that killed his three sons, seriously injured his wife and caused the death of the fetus she was carrying. Before he pled, Wand moved to suppress statements he made to officers on two consecutive days; the court suppressed the first day’s as involuntary but admitted the second day’s. He appeals on various grounds connected to the admission of those later statements.

State v. Joe Bonds Turney, 2015AP1651-CR & 2015AP1652-CR, District 1, 8/30/16 (not recommended for publication); case activity (including briefs)

Turney claims the trial court erred in permitting joinder of two cases for trial and in denying his motion for substitution of judge following his arraignment. He also argues he is entitled to an evidentiary hearing on his ineffective assistance of counsel claim, which was based on trial counsel’s failure to object to a witness’s reference to his post-arrest silence. The court of appeals rejects his claims.