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Motion to Suppress – Court Error

By: Derek Hawkins//September 20, 2016//

Motion to Suppress – Court Error

By: Derek Hawkins//September 20, 2016//

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WI Court of Appeals – District III
Case Name: State of Wisconsin v. Adam W. Vice
Case No.: 2015AP2558-CR
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Motion to Suppress – Court Error

The State appeals an order granting Adam Vice’s motion to suppress his confession to sexually assaulting a four-year-old girl. To the extent the circuit court concluded suppression was automatically required because detectives mentioned a failed polygraph examination when questioning Vice, that conclusion was erroneous and requires reversal. Alternatively, to the extent the court determined Vice’s confession was involuntary under the totality of the circumstances, the court did not make sufficient factual findings to allow us to review that conclusion. We therefore reverse the order granting Vice’s suppression motion and remand this matter to the circuit court for additional factfinding regarding the voluntariness of Vice’s confession.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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