Wednesday, June 28, 2006

Appellate Decisions Released June 28, 2006

The Wisconsin Supreme Court released its opinion in State v. Brockdorf today, in which it considered the circumstances under which a police officer's statements given in an internal investigation must be suppressed. The Court concluded the statements should be suppressed only if (1) the totality of the circumstances indicate the officer had a reasonable, subjective belief she would be terminated if she did not cooperate in the internal investigation; or (2) there is a policy, statute or rule that provides for termination if the officer fails to answer questions.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Briesemeister v. Lehner. A notice of defect, under the terms of this real estate purchase contract, precluded the noticing party from unilaterally withdrawing the notice when it has second thoughts. The notice gave the other party the right to terminate the contract.