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.
Read More »Tag Archives: Fifth Amendment
State’s high court picks up 9 cases
The state Supreme Court announced Friday that it has accepted nine cases for review.
Read More »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.
Read More »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.
Read More »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.
Read More »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.
Read More »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.
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.
Read More »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.
Read More »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.
Read More »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.
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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