01-2740-CR State v. Hoffman

By: dmc-admin//July 1, 2002//

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Lawrence P. Hoffman appeals from a judgment of conviction for homicide by negligent operation of a motor vehicle and from an order denying his motion for postconviction relief. We agree with Hoffman that his theory of defense instruction should have been read to the jury and we reverse the judgment and remand for a new trial on that ground. We address Hoffman’s claim that his pre-Miranda statement should have been suppressed because the issue will arise at the new trial.

We conclude that the trial court’s reliance on the rescue exception to Miranda was proper.

This opinion will not published.

Dist II, Manitowoc County, Deets, J., Per Curiam

Attorneys:

For Appellant: William J. Reddin, Milwaukee

For Respondent: E. James FitzGerald, Manitowoc; Michael R. Klos, Madison

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