On Point blog, page 17 of 25
State v. Gregory M. Sahs, 2009AP2916-CR, District 1, 10/26/10, review granted 11/14/12
Voluntariness – Statements to Probation Officer
court of appeals decision (3-judge, not recommended for publication), supreme court review granted 11/14/12; for Sahs: Mark S. Rosen; BiC; Resp.
Sahs’ claim that his statements to his probation officer were given under compulsion is rejected, because the premise for the claim – a DOC form cautioning that he must reveal his activities else face probation revocation –
Compelled Self-Incrimination – Sentencing after Revocation
State v. Ronnie L. Peebles, 2010 WI App 156 (recommended for publication); for Peebles: Suzanne L. Hagopian, SPD, Madison Appellate; BiC; Resp.; Reply
Use, at Peebles’ sentencing after revocation, of his incriminating statements made during counseling ordered as a condition of probation, violated the 5th amendment and requires resentencing. The court canvasses the leading cases – State v.
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court of appeals decision (3-judge, not recommended for publication); for Allen: Bradley J. Lochowicz; BiC; Resp.; Reply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.
State v. Elijah Arlanders Brock, No. 2009AP002120-CR, District I, 7/27/10
court of appeals decision (3-judge, not recommended for publication); for Brock: Michael K. Gould, SPD, Milwaukee Appellate; BiC; Resp.; Reply
Statement – Coercion
Threatened action against defendant’s girlfriend didn’t support suppression of his resulting statement:
¶11 Brock argues that Lynumn v. Illinois, 372 U.S. 528 (1963), requires suppression of his statement. Lynumn held that threats that a mother’s children would be taken away from her unless she “cooperated” “must be deemed not voluntary,
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.