Suppression of Evidence – Involuntary Statements

Listen to this article

7^th Circuit Court of Appeals

Case Name: Jeanette M. Janusiak v. Sarah Cooper

Case No.: 19-1198

Officials: KANNE, HAMILTON, and SCUDDER, Circuit Judges.

Focus: Suppression of Evidence – Involuntary Statements

After an infant died in the care of petitioner Jeanette Janusiak, a Wisconsin jury found her guilty of first‐degree intentional homicide. On direct appeal, state courts rejected her argument that statements she made during an interrogation were involuntary and should have been suppressed. Janusiak then asserted that argument in federal court in her petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court denied relief.

On appeal, Janusiak contends her statements were coerced by (1) comments that law enforcement made to her about keeping access to her children, (2) the length and other features of the interrogation, and (3) her vulnerability as a pregnant woman and mother. We affirm because the state appellate court reasonably applied the correct standard to determine that Janusiak’s statements were voluntary. We affirm.

Affirmed

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.