State v. Lehrke

¶1 Seth Lehrke appeals a judgment of conviction, entered following a jury trial, and an order denying his motion for postconviction relief. Lehrke contends the circuit court erred by denying his motion to suppress his confession because his Miranda1 waiver was not knowing and intelligent, and by excluding all portions of a SANE2 report, except for its medical conclusion. We agree with Lehrke on these issues. Accordingly, we reverse and remand for suppression of Lehrke's confession and for a new trial.3

BACKGROUND

¶2 Lehrke was charged with first-degree sexual assault of a child under the age of…