On Point: 1. Generally

United States v. Antonio West, 7th Circuit Court of Appeals Case No. 14-2514, 12/30/15

The trial court erroneously excluded expert evidence that West sought to admit regarding factors that made him susceptible to making an unreliable confession to a crime.

State v. Raheem Moore, 2015 WI 54, 6/16/15, affirming a published decision of the court of appeals; majority opinion by Justice Prosser; case activity (including briefs)

The supreme court affirms the court of appeals’ conclusion that 15-year-old Raheem Moore’s confession was voluntary, but it rejects the court of appeals’ reading of § 938.31, which requires juvenile confessions to be recorded unless the juvenile “refused to respond or cooperate” with the interrogation if it was being recorded, § 938.31(3)(b) and (c)1.

State v. Joel I.-N., 2014 WI App 119; case activity

The unrecorded statement Joel I.N., a juvenile, gave to the police was admissible despite the fact the police failed to record the statement as required by §§ 983.195(2)(b) and 938.31(3)(b) because “exigent public safety circumstances” rendered recording his statement infeasible under § 938.31(3)(c)5. Joel also knowingly, intelligently, and voluntarily waived his right to remain silent.

State v. Raheem Moore, 2014 WI App 19, petition for review granted, 5/22/14, affirmed, 2015 WI 54; case activity

Moore, a 15-year-old charged with homicide, made incriminating statements to police 11 hours after he was arrested. His most incriminating statement–that he was the shooter and not merely an accomplice–came during a portion of the interrogation that was not recorded as required by § 938.195,

State v. Douglas H. Stream, Case No. 2011AP2051, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity

The circuit court properly denied the defendant’s Wis. Stat. § 974.06 postconviction motion, which claimed that his trial  lawyer was ineffective for not objecting to references to the truthfulness of his confession during a Goodchild hearing to determine voluntariness of the confession and that his postconviction lawyer was ineffective for failing to challenge his trial lawyer’s effectiveness.

A.M. v. Butler, 360 F.3d 787 (7th Cir. 2004)

Issue/Holding:

… In fact, the Supreme Court has consistently recognized that a confession or waiver of rights by a juvenile is not the same as a confession or waiver by an adult. A defendant’s age is an important factor in determining whether a confession is voluntary. ……

Here, the circumstances weigh in favor of a determination that Morgan’s inculpatory statements were involuntary.

State v. Lucian Agnello II, 2004 WI App 2, (AG’s) PFR filed 1/8/04, on appeal after remand, 2003 WI 44; prior history: State v. Agnello I, 226 Wis.2d 164, 593 N.W.2d 427 (1999)
For Agnello: Jerome F. Buting, Pamela Moorshead

Issue/Holding:

¶10. Police coercion and a defendant’s personal characteristics are interdependent concepts: the more vulnerable a person is because of his or her unique characteristics,

State v. Wilfred E. Tobias, 196 Wis. 2d 537, 538 N.W.2d 843 (Ct. App. 1995)
For Tobias: Barbara A. Cadwell

Issue/Holding: That suspect had learning disability, required medication to deal with visual hallucinations but was off his meds during the interrogation not enough to establish voluntariness.