2009AP2596-CR State v. Allen

By: WISCONSIN LAW JOURNAL STAFF//September 14, 2010//

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Criminal Procedure
Request for counsel

Robert Allen, Jr., appeals from a judgment of conviction entered after he pled guilty to second-degree reckless homicide, contrary to Wis. Stat. § 940.06(1) (2007-08). On appeal, Allen challenges the trial court’s denial of his motion to suppress. He argues that he did not re-initiate communication with police following a request for counsel and that his subsequent statements should have been suppressed. We disagree and further conclude that Allen freely and knowingly waived his rights prior to giving his statements and that there was no violation of his right to silence when the detectives resumed questioning of him. Accordingly, we affirm. Not recommended for publication in the official reports.

2009AP2596-CR State v. Allen

Dist I, Milwaukee County, Ashley, J., Curley, P.J.

Attorneys: For Appellant: Lochowicz, Bradley J., Elkhorn; For Respondent: Loebel, Karen A., Milwaukee; Freimuth, James M., Madison

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