By: WISCONSIN LAW JOURNAL STAFF//February 28, 2013//
Wisconsin Court of Appeals
Criminal
Criminal Procedure — right to counsel
Lee Yang appeals from a judgment of conviction for first-degree intentional homicide, with the use of a dangerous weapon, in violation of Wis. Stat. §§ 940.01(1)(a) and 939.63(1)(b) (2011-12). Yang asserts that the circuit court erred in denying his motion to suppress an incriminating in-custody statement that Yang made to detectives without an attorney present after invoking his right to counsel. We agree with the circuit court that Yang, not the detectives, initiated further communication, and therefore affirm. Not recommended for publication in the official reports.
Dist I, Milwaukee County, Martens, J., Kloppenburg, J.
Attorneys: For Appellant: Jensen, Jeffrey W., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; O’Neil, Aaron R., Madison