Criminal Procedure — Miranda warnings

By: WISCONSIN LAW JOURNAL STAFF//July 24, 2014//

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Wisconsin Supreme Court

Criminal

Criminal Procedure — Miranda warnings

A suspect’s statement to take him to his cell was not an unequivocal assertion of the right to remain silent.

“Cummings’ statement——‘Well, then, take me to my cell. Why waste your time? Ya know?’——similarly occurred during a period of verbal back and forth between Cummings and the officers, and is thus similarly subject to reasonable competing inferences. As a result of these competing inferences, we conclude that Cummings’ statement was not an unequivocal invocation of the right to remain silent. We therefore affirm the court of appeals.”

Affimed.

2011AP1653-CR & 2012AP520-CR State v. Cummings

Ziegler, J.

Attorneys: For Appellant: Karpe, David R., Madison; For Respondent: Isherwood, Veronica Fay, Stevens Point; Wittwer, Jacob J., Madison

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