On Point: 5. Confessions

State v. Jody A. Bolstad, 2014AP915-CR, 10/2/14, District 4, (1-judge opinion, ineligible for publication); case activity

Bolstad shot a deer decoy from the window of his friend’s pick-up truck while a DNR warden was watching.  Afterwards, while sitting in a DNR car, he confessed to the warden and signed a written statement. The State charged Bolstad with various game regulation violations, and he moved to suppress his statements because the warden failed to inform him of his Miranda rights. The court of appeals held that Bolstad was not “in custody,” so Miranda did not apply.

State v. Marie A. Ezell, 2014 WI App 101; case actvity

Prison guards overheard Ezell tell her incarcerated boyfriend that she would smuggle in drugs for him on her next visit. When she tried to follow through, the guards detained her in a conference room, questioned her, and obtained damning evidence.  Due to the lack of Miranda warnings, this custodial interrogation violated the 5th Amendment, but the court nevertheless declined to suppress the physical evidence derived from the Miranda violations.

State v. Carlos Cummings and State v. Adrean L. Smith, 2014 WI 88, 7/24/14, affirming per curiam court of appeals decisions in 2011AP1653-CR & 2012AP520-CR, majority opinion by Justice Ziegler; concurrence/dissent by Justice Prosser (joined by Justice Bradley); dissent by Chief Justice Abrahamson; case activity for Cummings and Smith

These cases address whether two Mirandized suspects unequivocally invoked their respective rights to remain silent, or cut off questioning, during police interrogations.  Citing State v. Markwardt, 2007 WI App 242 the majority held that both defendants seem to have meant something other than what they literally said.  Their attempts to cut off questioning were “equivocal” and thus their statements need not be suppressed.

State v. Christopher T. Seiler, 2013AP1911-CR, District 2, 7/23/14 (not recommended for publication); case activity

Seiler’s compelled statement to his probation agent didn’t taint a subsequent police investigation that led to new charges because, the court of appeals holds, the police investigation was based on sources “independent” of his statements to the agent.

State v. Russell S. Krancki, 2014 WI App 80; case activity

In the first Wisconsin case to address how Salinas v. Texas, 570 U.S. ___, 133 S. Ct. 2174 (2013), affects the admission of evidence of a defendant’s silence, the court of appeals reads Salinas to apply to a narrow factual scenario not present in this case. The court goes on to assume that trial counsel should have objected to testimony about Krancki’s silence, but finds his failure to object wasn’t prejudicial. The court also concludes trial counsel wasn’t ineffective for saying in his opening statement that Krancki would testify or for failing to exclude references to the .02 blood alcohol limit.

On review of an unpublished court of appeals decision; case activity

Issue (composed by On Point)

Did the inclusion in the PSI of statements Alexander made to his probation agent, and the trial court’s consideration of the statements at sentencing, violate Alexander’s right against self-incrimination?

The Wisconsin Supreme Court is revisiting State v. Forbush, 2011 WI 25, 332 Wis. 2d 620, 796 N.W2d 741, a splintered decision (4 different rationales) with an impenetrable rule.  In this case, the State obtained two statements from the defendant after he had appeared at arraignment with appointed counsel.  The issue is whether the State violated his Sixth Amendment rights.

Review of a published court of appeals decision; case activity

Issues (composed by On Point)

Whether a juvenile “refused to respond or cooperate” during a portion of a custodial interrogation if it was going to be recorded, such that § 938.31(3)(c)1. allowed the interrogating officers to turn off the recording device.

Whether an error in failing to record a portion of the custodial interrogation requires exclusion of the statements that were recorded.

State v. Thaddeus M. Lietz, 2013AP1283-CR, District 3, 5/20/14 (1-judge; ineligible for publication); case activity

Leitz’s statements to police were not obtained in violation of either the Fifth or Sixth Amendment, so the circuit court properly denied his suppression motion.

State v. Brandon D Andre Burnside, 2013AP1293-CR, District 1, 4/29/14 (not recommended for publication); case activity

Under the totality of the circumstances, a reasonable person in Burnside’s position would not have believed that he could stop police questioning and leave. Therefore, the statements he made to the police before they administered Miranda warnings must be suppressed.