State v. DelebreauAnnotate this Case
The Supreme Court took this opportunity to clarify the law on waiver of the right to counsel after a defendant has been charged with a crime. After a jury trial, Defendant was convicted of one count of delivering heroin, second or subsequent offense, as a repeater and as party to a crime. Defendant appealed, arguing that statements he made to investigators while he was incarcerated and after his initial appearance should have been suppressed in accordance with State v. Dagnall. Before the interview, Defendant waived his Miranda rights and did not ask for counsel. The Supreme Court affirmed, holding (1) the U.S. Supreme Court’s decision in Montejo v. Louisiana effectively overruled Dagnall by establishing that a waiver of Miranda rights is sufficient to waive the Sixth Amendment right to counsel, and such a waiver is not presumed invalid simply because the defendant is already represented by counsel; and (2) Wis. Const. art. I, 7 does not provide greater protections than the Sixth Amendment of the federal Constitution in the context of a waiver of the right to have counsel present during questioning.