By: Derek Hawkins//June 15, 2020//
WI Court of Appeals – District III
Case Name: State of Wisconsin v. Adam W. Vice
Case No.: 2018AP2220-CR
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Motion to Suppress Confession
This case—which is before us for the second time— requires us to determine whether the circuit court properly granted Adam Vice’s motion to suppress his confession to sexually assaulting a four-year-old girl. Vice confessed during an interview that occurred after he failed a polygraph examination. In a previous opinion, we reversed an order suppressing Vice’s confession and remanded for the circuit court to make additional findings of fact as to whether the confession was voluntary. On remand, the court determined Vice’s confession was not voluntary and again granted his suppression motion. The court also addressed—and appeared to agree with—Vice’s assertion that his confession should be suppressed because the polygraph examination and post-polygraph interview were not discrete events.
The State now appeals, arguing the totality of the circumstances establishes that Vice’s confession was voluntary. The State also contends we should not consider Vice’s argument that the polygraph examination and post-polygraph interview were not discrete events because Vice previously conceded that they were discrete events. In the alternative, the State argues the record establishes that the polygraph examination and post-polygraph interview were discrete events.
Because both Vice and the State have briefed the issue and because the circuit court considered it, we exercise our discretion to address Vice’s argument that the polygraph examination and post-polygraph interview were not discrete events. We reject Vice’s argument in that regard. Based on the totality of the circumstances, however, we agree with Vice that his confession during the post-polygraph interview was not voluntary. We therefore affirm the order granting Vice’s motion to suppress his confession.
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