State v. Jennings

¶ 1. This is an interlocutory appeal of a circuit court order suppressing the defendant's custodial statement in which he implicated himself in a homicide. The circuit court concluded that the defendant's statement was made after he invoked his right to counsel under Miranda v. Arizona, 384 U.S. 436 (1966). The court's order was based primarily on Wentela v. State, 95 Wis. 2d 283, 290 N.W.2d 313 (1980), a decision of this court that the State asserts has been effectively overruled by the United States Supreme Court's decision in Davis v. United States, 512 U.S. 452 (1994).

¶ 2. The court of…