On Point: 5. Confessions

State v. Paul D. Hoppe, 2003 WI 43, affirming unpublished opinion
For Hoppe: William E. Schmaal, SPD, Madison Appellate

Issue/Holding:

¶46. Both Connelly and Clappes support the proposition that some coercive or improper police conduct must exist in order to sustain a finding of involuntariness. However, both of these cases also recognize that police conduct does not need to be egregious or outrageous in order to be coercive.

State v. Paul D. Hoppe, 2003 WI 43, affirming unpublished opinion
For Hoppe: William E. Schmaal, SPD, Madison Appellate

Issue/Holding: Under “somewhat unique” facts, a suspect’s statements made during interviews in a hospital over a three-day period while delusional and in the throes of acute alcohol withdrawal were involuntary despite the absence of any egregious police pressure. ¶¶47-59.

As suggested, this case is highly fact-specific,

State v. Matthew J. Knapp (I), 2003 WI 121, on certification; vacated and remanded for further consideration in light of United States v. Patane, 542 U. S. ____ (2004), Wisconsin v. Knapp, No. 03-590; Knapp I reaffirmed on remand, State v. Matthew J. Knapp (II),

State v. Joseph F. Jiles, 2003 WI 66, reversing unpublished decision of court of appeals
For Jiles: Mark S. Rosen

Issue/Holding:

¶35. We think it will be a rare case that the State is able to meet its burden of proof at a Miranda–Goodchild hearing by relying exclusively on an unsworn police report.

¶36.

State v. Jeremy T. Greer, 2003 WI App 112, on remand following equally-divided result,2003 WI 30; PFR filed 6/12/03
For Greer: Donna L. Hintze, SPD, Madison Appellate

Issue/Holding:

¶14. In this case it is not disputed that before he confessed to Detective Williams, Greer was told, both orally and in writing, that the polygraph test was over.

State v. Marvin J. Moss, 2003 WI App 239, PFR filed 10/27/03
For Moss: F.M. Van Hecke

Issue/Holding:

¶2. The issue in this case is whether a defendant’s incriminating statement improperly coerced by a person who is not a state agent offends constitutional due process such that the statement is inadmissible. We conclude that there is no due process violation where, as in this case,

State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565; habeas denied, Samuel v. Frank, 525 F. 3d 566 (7th Cir 2008)
For Samuel: Robert A. Henak

Issue/Holding:

¶30. With due process as our touchstone, we conclude that when a defendant seeks to suppress witness statements as the product of coercion,

State v. Edward Terrell Jennings, 2002 WI 44, on certification
For Jennings: Margaret A. Maroney, SPD, Madison Appellate

Issue: Whether the police may continue to interrogate a suspect who has ambiguously asserted rights, — in this instance, “I think maybe I need to talk to a lawyer.”

Holding:

¶36. Applying Davis, we conclude that Jennings’ statement to Detective Kreitzmann, “I think maybe I need to talk to a lawyer,”

State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565

For Samuel: Robert A. Henak

Issue/Holding: Ҧ30. With due process as our touchstone, we conclude that when a defendant seeks to suppress witness statements as the product of coercion, the police misconduct must be more than that set forth in Clappes.

State v. Zan Morgan, 2002 WI App 124
For Morgan: Timothy A. Provis

Issue: Whether Morgan was in custody, for Miranda purposes, after being handcuffed and placed in the back of a squad car.

Holding: Custody is determined under “the totality of the circumstances, including such factors as: the defendant’s freedom to leave; the purpose, place, and length of the interrogation; and the degree of restraint.”