Legal Opinion

State v. Markwardt

Court of Appeals of Wisconsin

Decided October 31, 2007No. 2006AP2871-CRPublishedCited by 15 opinions

1Opinion of the Court

ANDERSON, PJ.

¶ 1. In this case, Heather A. Markwardt was advised of her Miranda 1 rights and waived them at the outset of a police interrogation. One hour and eleven minutes into the interrogation,, after being repeatedly accused of lying, Markwardt exclaimed, "Then put me in jail. Just get me out of here. I don't want to sit here anymore, alright? I've been through enough today." The circuit court held that this statement was an unequivocal announcement that Markwardt now wished to exercise her right to remain silent. While it is reasonable to conclude that this was such an invocation, it…

2Cases cited15 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Edwards v. ArizonaSupreme Court of the United States · 1981
  3. Michigan v. MosleySupreme Court of the United States · 1975
  4. Davis v. United StatesSupreme Court of the United States · 1994
  5. State v. TurnerWisconsin Supreme Court · 1987

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3Cited by15 opinions

  1. State v. Adrean L. SmithWisconsin Supreme Court · 2014
  2. State v. SchroederNebraska Supreme Court · 2010
  3. State ex rel. Hipp v. MurrayWisconsin Supreme Court · 2008
  4. Saeger v. AvilaDistrict Court, E.D. Wisconsin · 2013
  5. Berghuis v. ThompkinsSupreme Court of the United States · 2010

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