Miranda Waiver

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Richard W. Seehaver

Case No.: 2021AP001581-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Miranda Waiver

Seehaver was charged with first-degree intentional homicide by use of a dangerous weapon, as an act of domestic abuse and as a repeater, for murdering his roommate. Seehaver appeals from a judgment of conviction, which was entered following his no-contest plea to second-degree intentional homicide by use of a dangerous weapon, as a repeater. Seehaver contends that the circuit court erred when it denied his motion to suppress statements made to investigators following his arrest. Specifically, Seehaver argues that the court erred because he was not given Miranda warnings until partway through a custodial interrogation. Additionally, he asserts that he did not knowingly and intelligently waive his rights once the Miranda warnings were provided. The appeals court agrees with the State that it has established a prima facie case for a valid Miranda waiver. Following preliminary questions, Pollock paused the interview, read Seehaver undisputedly valid Miranda warnings, and Seehaver responded that he understood the warnings, stating, “Oh, yes, I do.” Pollock then asked Seehaver if he was willing to continue with the questioning. Despite Seehaver at first stating “[n]o” and stating that he wanted the investigators to

“kill” him, he continued to converse, without provocation, with the investigators. Seehaver therefore implicitly waived his Miranda rights. Despite Seehaver’s reference to topics such as the Aryan

Brotherhood and aliens, his statements following the Miranda warnings demonstrate that he was aware that the State could use his statements against him at trial and that he could stay quiet and go back to his jail cell and request a lawyer.

Affirmed.

Decided 08/08/23

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