2009AP1587-CR, 2009AP1588-CR State v. Cole

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

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Criminal Procedure
Miranda warnings

In these consolidated appeals, Willie B. Cole appeals from judgments of conviction and from orders reinstating those judgments. We conditionally reversed the judgments in Cole’s earlier appeal, concluding that the circuit court applied the wrong burden of proof when resolving Cole’s motion to suppress his custodial statement. See State v. Cole, 2008 WI App 178, ¶2, 315 Wis. 2d 75, 762 N.W.2d 711. Following remittitur, the circuit court conducted an evidentiary hearing, again denied Cole’s motion to suppress, and ordered reinstatement of the judgments of conviction. We affirm. This opinion will not be published.

2009AP1587-CR, 2009AP1588-CR State v. Cole

Dist I, Milwaukee County, Conen, Wagner, JJ., Per Curiam

Attorneys: For Appellant: Szabrowicz, Scott A., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Murphy, Anne Christenson, Madison

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