Legal Opinion · Dissent

State v. Davis

Wisconsin Supreme Court

Decided June 26, 2008No. Case No. 2006AP1954-CRPublished

1DissentAnn Walsh Bradley, J.

¶ 47. {dissenting). I agree with the majority that Davis's statements are admissible if the voice stress examination and the post-examination interview in which Davis made the inculpatory statement are totally discrete events. In addition, I agree with the majority that determining whether they are totally discrete events requires an examination of the totality of circumstances test, as explained in State v. Greer, 2003 WI App 112, ¶ 11, 265 Wis. 2d 463, 666 N.W.2d 518.

¶ 48. However, I disagree with the majority's analysis because it alters the essential inquiry and misapplies the totality of…

2Cases cited3 opinions

  1. State v. SchliseWisconsin Supreme Court · 1978
  2. State v. JohnsonCourt of Appeals of Wisconsin · 1995
  3. State v. GreerCourt of Appeals of Wisconsin · 2003

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