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Court considers clarifying right to counsel
On television, interrogation of a suspect in police custody immediately ceases upon the arrival of an attorney hired by a family member, whether the suspect has invoked his right to counsel or not.
09-11121 J.D.B. v. North Carolina
Criminal Procedure Miranda warnings; age A child’s age is relevant to whether he is in custody and Miranda warnings are required. “In some circumstances, a child’s age “would have affected how a reasonable person” in the suspect’s position “would perceive his or her freedom to leave.” Stansbury, 511 U. S., at 325. Courts can account […]
2010AP843-CR State v. LaFave
Criminal Procedure Miranda warnings Tammi L. LaFave appeals from an amended judgment of conviction for felony murder, as a party to a crime, contrary to Wis. Stat. §§ 940.03 and 939.05 (2007-08), and from an order denying her postconviction motion. LaFave argues that her motion to suppress her statement to detectives should have been granted […]
2010AP1375-CR State v. Anderson
Criminal Procedure Miranda warnings Deville J. Anderson, pro se, appeals judgments of conviction, entered upon his guilty plea, on one count of first-degree reckless homicide by use of a dangerous weapon as a party to a crime. Anderson contends that the circuit court erred when it refused to suppress a custodial statement he gave to […]
2010AP505-CR State v. Martin
Criminal Procedure Miranda warnings Randy L. Martin appeals the judgment convicting him of being a felon in possession of a firearm and for carrying a concealed weapon. He also appeals the orders denying his motion to suppress evidence and his motion for reconsideration. Martin argues that the trial court erred in denying his motion to […]
10-2178 U.S. v. Swanson
Criminal Procedure Miranda warnings Where police interrogated a suspect for 45 minutes without reading him his Miranda rights, his incriminating statements should have been suppressed. “When the officers arrested Swanson they presented an arrest warrant stating that he was charged with unlawful possession of a firearm. They simultaneously gave him a court order that directed […]
07-3641, 08-1361, 08-3888 & 09-3484 U.S. v. Vallar
Criminal Procedure Miranda warnings It does not violate the right against self-incrimination to play audiotapes implicating a suspect in a conspiracy prior to reading him his Miranda warnings. “Vallar argues that the agents should have known that playing the recordings was ‘reasonably likely to elicit an incriminating response,’ and, thus, that it constituted an impermissible […]
2010AP1435-CR State v. Stevens
Criminal Procedure Miranda warnings; coercion The State appeals from a circuit court order granting James A. Stevens’ motion to suppress statements Stevens made to police in an apartment hallway and at a police station. The State contends that the circuit court erred in excluding the statements as involuntary, because the record establishes that the police […]
2009AP1587-CR, 2009AP1588-CR State v. Cole
Criminal Procedure Miranda warnings In these consolidated appeals, Willie B. Cole appeals from judgments of conviction and from orders reinstating those judgments. We conditionally reversed the judgments in Cole’s earlier appeal, concluding that the circuit court applied the wrong burden of proof when resolving Cole’s motion to suppress his custodial statement. See State v. Cole, [&hel[...]
2010AP742-CR State v. Anderson
Criminal Procedure Miranda warnings; impeachment evidence Marlon Anderson appeals the judgment of conviction entered upon a jury verdict finding him guilty of first degree recklessly endangering safety while using a dangerous weapon in violation of Wis. Stat. §§ 941.30(1) and 939.63 (2007-08). He contends the circuit court erred in allowing the State to introduce for […]
Cicchini on Miranda warnings; O’Hear on the PLRA
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