Summary
The Supreme Court of Wisconsin held that a person being evaluated before the filing of a Wisconsin Chapter 980 civil commitment petition was not entitled to Miranda warnings before an interview with a state psychologist. The court interpreted Wisconsin Statute § 980.05(1m) as applying the constitutional rights of criminal defendants to Chapter 980 respondents at trial, not during the pre-petition evaluation phase. Because Miranda warnings were not required, the court rejected the related ineffective-assistance-of-counsel claim.
Holdings
- A person being evaluated before the filing of a Chapter 980 petition is not entitled to Miranda warnings before an interview with a state evaluator. Wisconsin Statute section 980.05(1m) grants the specified constitutional rights at the Chapter 980 trial and does not extend a Miranda-warning requirement to the pre-petition phase.
- Lombard did not establish ineffective assistance of counsel because counsel was not deficient for failing to object on the ground that Miranda warnings had not been given, and Lombard was not prejudiced by that failure.
- The court recognized that a person subject to a pre-petition Chapter 980 evaluation has a statutory right to remain silent, but held that this right does not necessarily entail a right to Miranda warnings before the evaluation.
Questions Presented
- Whether Wisconsin Statute section 980.05(1m) required Miranda warnings before a pre-petition Chapter 980 interview by a state psychologist.
- Whether Lombard received ineffective assistance of counsel when counsel failed to object to the admission of statements made during the pre-petition evaluation.
- Whether the circuit court's interpretation of the statute and the court of appeals' treatment of the Fifth Amendment and Miranda issues were correct.
Disposition
affirmed
Cases Cited (20)
- State v. Lombard, 2003 WI App 163, 266 Wis. 2d 887, 669 N.W.2d 157(followed)
- Miranda v. Arizona, 384 U.S. 436 (1966)(applied)
- State v. Zanelli, 212 Wis. 2d 358, 569 N.W.2d 301 (Ct. App. 1997)(followed in part)
- State v. Zanelli, 223 Wis. 2d 545, 589 N.W.2d 687 (Ct. App. 1998)(followed)
- Allen v. Illinois, 478 U.S. 364 (1986)(followed)
- State v. Carpenter, 197 Wis. 2d 252, 541 N.W.2d 105 (1995)(followed)
- State ex rel. Seibert v. Macht, 2001 WI 67, 244 Wis. 2d 378, 627 N.W.2d 881, revised, 2002 WI 12, 249 Wis. 2d 702, 639 N.W.2d 707(followed)
- State v. Burris, 2004 WI 91, 273 Wis. 2d 294, 682 N.W.2d 812(cited)
- State v. Williams, 198 Wis. 2d 516, 544 N.W.2d 406 (1996)(followed)
- Landis v. Physicians Ins. Co., 2001 WI 86, 245 Wis. 2d 1, 628 N.W.2d 893(cited)
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