Plea Withdrawal – Suppression of Evidence

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Keith M. Abbott

Case No.: 2019AP21-CR

Officials: Blanchard, Graham, and Nashold, JJ.

Focus: Plea Withdrawal – Suppression of Evidence

Keith Abbott appeals a judgment of conviction for second-degree intentional homicide, which the circuit court entered after accepting Abbott’s Alford plea. Abbott argues that the circuit court erred by denying his motions to suppress two sweatshirts that police seized at his residence, a transparent “patient belongings bag” containing other clothing that police seized at a hospital, and statements that Abbott made to investigators during a custodial interrogation. We conclude that the circuit court properly denied the motions to suppress Abbott’s sweatshirts and statements. We also conclude that the State did not meet its burden to prove that the seizure of the patient belongings bag falls within an exception to the warrant requirement. Nevertheless, we conclude that the circuit court’s failure to suppress this evidence was harmless. Accordingly, we affirm the circuit court.

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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.