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Fifth Amendment

Jun 14, 2016

BENCH BLOG: Court weighs in on difference between custody, detention

A sexual-assault case provided the context for the Court of Appeals to distinguish a formal arrest from detention in one’s home during the execution of a search warrant.

Apr 11, 2014

State’s high court picks up 9 cases

The state Supreme Court announced Friday that it has accepted nine cases for review.

Dec 23, 2013

Justices: Court-ordered psych evidence doesn’t violate 5th Amendment

Defendants who offer a diminished capacity defense cannot seek to exclude rebuttal evidence from court-ordered mental evaluations on Fifth Amendment grounds, the U.S. Supreme Court ruled in Kansas v. Cheever.

Oct 18, 2013

Justices take up Fifth Amendment case

The U.S. Supreme Court showed little willingness Wednesday to rule that the introduction of evidence from a murder defendant’s court-ordered mental evaluation violated his Fifth Amendment protection against compelled testimony.

Aug 7, 2013

Wisconsin native who lost hand in Army wins suit vs. FBI

A Wisconsin native who lost his left hand in an Army training accident won a lawsuit Wednesday against the FBI after claiming he was denied a fair chance to become a special agent.

Jul 26, 2013

Spooner questions fairness of trial

John Henry Spooner wrote a letter to his local newspaper on the day he was convicted of killing his teenage neighbor, wondering whether he got a fair trial and asking for help in getting the truth out.

Jul 23, 2013

ON THE DEFENSIVE: Supreme Court ruling breaks the silence

Most lawyers have assumed that the Constitution is unambiguous in preserving one’s right to remain silent.

Jul 1, 2013

US Supreme Court to consider fight over frozen assets

When Kerri and Brian Kaley came under federal investigation for allegedly stealing medical devices, they took out a $500,000 line of credit on their New York house to hire lawyers. Yet after their indictment in 2007, prosecutors sought to prevent the Kaleys from using the money because the government intended to seize the house.

May 28, 2013

No civil rights charges in squad car death

A federal investigation into the death of a Milwaukee man who was seen in squad car video gasping for breath and pleading for help is closed and no civil rights charges will be filed, the U.S. Department of Justice announced Thursday.

May 27, 2013

Child-porn suspect ordered to decrypt files

A federal magistrate in Milwaukee has ordered a West Allis man to provide readable versions of encrypted hard drives seized from his home as part of a child-porn investigation.

Feb 21, 2013

Inquest jury says charge 3 Milwaukee cops in Williams’ death (UPDATE)

Three Milwaukee police officers who ignored a suspect's pleas for help as he gasped for air in the back of a squad car should face misdemeanor charges in his death, a jury concluded at an inquest Thursday.

Jan 14, 2013

Does right to remain silent exist before arrest? US Supreme Court to decide

The U.S. Supreme Court has agreed to decide whether a defendant had a Fifth Amendment right to refuse to respond to police questioning before he was arrested or read his Miranda rights.

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