2009AP3115-CR State v. Xiong

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Criminal Procedure
Right to remain silent; impeachment

The State appeals from a pretrial order in a criminal proceeding that suppressed a portion of Kong Meng Xiong’s statement to police. See Wis. Stat. § 974.05(1)(d)3. (2007-08). The State claims the circuit court erred in ruling that the challenged portion of Xiong’s statement was inadmissible because it was given involuntarily and after an invocation of his right to remain silent. We conclude that Xiong did invoke his right to silence during police questioning, but that his statement was voluntarily given. We therefore affirm the circuit court’s ruling that the State cannot introduce the statement in its case-in-chief, but reverse its ruling that the statement cannot be used for impeachment purposes if the defendant chooses to testify. This opinion will not be published.

2009AP3115-CR State v. Xiong

Dist II, Winnebago County, Schmidt, J., Per Curiam

Attorneys: For Appellant: Weber, Gregory M., Madison; Swank, Elizabeth M., Oshkosh; For Respondent: Vander Loop, Robert J., Oshkosh; LesMonde, Dana Lynn, Madison

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