Criminal Procedure — voluntary statements

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — voluntary statements

Even though a suspect was being treated at a hospital for stabbing injuries when he was questioned, his statements are admissible.

“[T]he record is devoid of any information that would lead us to conclude that the police officers who questioned Bullock acted improperly.  Bullock does not argue that the length of questioning was improper, not does he argue that there was any delay in arraignment.  See id.  As for the general conditions under which he gave his statements, Bullock takes issue with the fact that two detectives questioned him at the hospital, but that fact, without more, is not enough to evince coercion.  See Clappes, 136 Wis. 2d at 234 (reversing an earlier court of appeals decision that held ‘that the mere presence of police … may impermissibly pressure the individual to make a statement against his or her will’) (citation omitted). In addition, Bullock does not argue that he should have been read his Miranda rights before giving his statement to Officer Phelps, nor does he argue that he did not understand the Miranda warnings given by Detectives Gulbrandson and Young in his hospital room.”

Affirmed.

Recommended for publication in the official reports.

2013AP453-CR State v. Bullock

Dist. I, Milwaukee County, Dallet, J., Curley, J.

Attorneys: For Appellant: Rosen, Mark S., Waukesha; For Respondent: Loebel, Karen A., Milwaukee; Johnson-Karp, Gabe, Madison