Legal Opinion

In Re Commitment of Mark

Court of Appeals of Wisconsin

Decided January 31, 2008No. 2007AP522PublishedCited by 5 opinions

1Opinion of the CourtVergeront, J.

¶ 1. This appeal concerns the use at a trial under Wis. Stat. ch. 980 of a written and an oral statement made by the respondent, Charles W. Mark, to his parole officer. In State v. Mark, 2006 WI 78, ¶ 34, 292 Wis. 2d 1, 718 N.W.2d 90, on Mark's first appeal concerning the use of these statements at trial, the supreme court remanded to the circuit court for a determination whether the two statements were compelled. On remand, the circuit court determined that the written statement was compelled but nonetheless admissible in spite of the Fifth Amendment privilege 1 against self-incrimination…

2Cases cited34 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Arizona v. FulminanteSupreme Court of the United States · 1991
  3. Rhode Island v. InnisSupreme Court of the United States · 1980
  4. Neder v. United StatesSupreme Court of the United States · 1999
  5. Kastigar v. United StatesSupreme Court of the United States · 1972

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3Cited by5 opinions

  1. State v. SpaethWisconsin Supreme Court · 2012
  2. In Re Commitment of HarrellCourt of Appeals of Wisconsin · 2008
  3. State v. ReynoldsCourt of Appeals of Wisconsin · 2010
  4. State v. SpaethWisconsin Supreme Court · 2012
  5. State v. WyssWisconsin Supreme Court · 1985

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