State v. Stevens

The circuit court suppressed an incriminating statement that Defendant made to police during custodial interrogation. The court of appeals reversed, holding that even though Defendant invoked his right to counsel during questioning, he later initiated conversation with his police interrogator and thereafter knowingly, intelligently, and voluntarily waived his rights before making the incriminating statement. The Supreme Court affirmed, holding (1) Defendants' Fifth Amendment privilege against self-incrimination and his equivalent right under the Wisconsin Constitution were not violated, as Defendant withdrew his request for an attorney by voluntarily initiating a request to resume the questioning; and (2) the court of appeals was not required to disregard State v. Middleton, but Middleton was factually distinguishable from this case and was now overruled in its entirety. View "State v. Stevens" on Justia Law