On Point blog, page 1 of 2
COA holds that juvenile interrogated in “closet size” room by SRO was not in custody; finds evidentiary error harmless, and affirms
State v. K.R.C., 2023AP2102, 10/30/24, District II (1-judge decision, ineligible for publication); case activity
In a “close” suppression appeal, COA confronts a fact pattern arising from the intersection between policing and school discipline, finds that a reasonable 12-year old would have felt free to walk away from interviews with law enforcement and school authorities on school grounds, and finds the repeated injection of inadmissible evidence at the court trial harmless.
COA finds portions of juvenile suspect’s statements during marathon interrogation involuntary due to coercive interrogation techniques, but juvenile was not in custody for Miranda purposes; circuit court’s order suppressing all statements affirmed in part and reversed in part.
State v. Kruckenberg Anderson, 2023AP396-CR, 7/25/24, District IV (recommended for publication); case activity
The tragic death of a newborn baby in the bucolic countryside of southwest Wisconsin prompted aggressive interrogation techniques by law enforcement that the Court of Appeals considered coercive in light of the suspect’s age of 16. But the court found that a reasonable 16-year old would have felt free to leave when the police told him repeatedly he was not under arrest and did not have to answer questions; law enforcement therefore did not have to advise the suspect of his Miranda rights. The COA affirmed in part and reversed in part the circuit court’s order suppressing the defendant’s statements.
SCOW to address false confession experts, involuntary statements, and Miranda custody
State v. Dobbs, 2018AP319-CR, petition for review of a per curiam opinion granted 1/14/20; case activity (including briefs)
Issues (based on Dobbs’ petition for review and SCOW’s order granting review:
1. Did the trial court err in precluding the defense’s expert on false confessions from testifying where, consistent with State v. Smith, 2016 WI App 8, 366 Wis. 2d 613, 874 N.W.2d 610, his opinions were relevant to a material issue, but he would not be offering an opinion on the specific facts of the case?
2. Did the trial court err in allowing Mr. Dobbs’ statements to law enforcement into evidence despite the delay in reading him his Miranda rights and because his statements were involuntary due to his mental and physical conditions?
3. Whether the court of appeals’ decision that Dobbs was in custody for purposes of Miranda warnings is consistent with State v. Morgan, 2002 WI App 124, 254 Wis. 2d 602, 648 N.W.2d 23. If not, whether Morgan should be overruled?
Some resources on involuntary confessions
We posted yesterday about State v. John Finley, which addressed a challenge to the confession of an adult with intellectual limitations. Coincidentally, we learned today of two articles related to confessions that may interest our readers.
Over strong dissent, court of appeals rejects challenge to voluntariness of confession
State v. John S. Finley, 2018AP258-CR, District 2, 6/12/19 (not recommended for publication); case activity (including briefs)
Here’s a succinct summary of this decision: “The Majority supports the government’s ‘interview,’ which utilized lies, threats, and fabrication of evidence to wrestle a statement from a thirty-six-year-old man, who has the mind of a twelve year old and the social skills of a first grader.” (¶24 (Reilly, P.J., dissenting) (footnote omitted)).
Bomb scare adjudication upheld, but restitution order reversed in part
State v. J.P., 2017AP1905, District 1, 9/5/18 (one-judge decision; ineligible for publication); case activity
J.P. was adjudicated delinquent for calling in two bomb scares to his high school. The court of appeals rejects his claims that the police lacked probable cause to arrest him and unlawfully searched his phone and that his confession was involuntary. However, the court agrees with J.P. that part of the restitution order is invalid.
Helpful resources on involuntary and false confessions
When last we wrote about we Brendan Dassey, the 7th Circuit, sitting en banc, had vacated the writ of habeas corpus issued the Eastern District of Wisconsin. Dassey has since filed a cert petition in SCOTUS, and numerous organizations have filed amicus briefs in support of it. If you have a case involving a possibly involuntary or false confession (whether by a juvenile or an adult), you might want to take a look at the pro-defense research and arguments presented by the Juvenile Law Center,
SCOTUS will decide whether Fifth Amendment bars use of statements at pretrial hearings, or only at trial
City of Hays, Kansas v. Vogt, USSC No. 16-1495, cert granted 9/28/17
Whether the Fifth Amendment is violated when statements are used at a probable cause hearing but not at a criminal trial.
Defendant didn’t invoke right to counsel, and his statement wasn’t coerced
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.
Pregnancy doesn’t make suspect “particularly vulnerable” to police questioning tactics
State v. Jeanette M. Janusiak, 2015AP160-CR, 1/28/16, District 4 (not recommended for publication); case activity (including briefs)
Pregnancy does not by itself make a suspect particularly vulnerable to police pressure and tactics during custodial interrogation, the court of appeals holds, so the fact that Janusiak was in an advanced state of pregnancy didn’t render her statement to police involuntary. The court also rejects Janusiak’s claims that her statement was coerced because she was threatened with the loss of her children and was promised she could go home if she made a statement.