390 U.S. 519 (1968), 417, Greenwald v. Wisconsin

Docket Nº:No. 417, Misc.
Citation:390 U.S. 519, 88 S.Ct. 1152, 20 L.Ed.2d 77
Party Name:Greenwald v. Wisconsin
Case Date:April 01, 1968
Court:United States Supreme Court
 
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Page 519

390 U.S. 519 (1968)

88 S.Ct. 1152, 20 L.Ed.2d 77

Greenwald

v.

Wisconsin

No. 417, Misc.

United States Supreme Court

April 1, 1968

ON PETITION FOR WRIT OF CERTIORARI TO

THE SUPREME COURT OF WISCONSIN

Syllabus

On the "totality of the circumstances" surrounding petitioner's inculpatory statements admitted into evidence at the trial which resulted in his convictions (lack of counsel (despite petitioner's remark that he was "entitled" to counsel), food, sleep, medication, and adequate warnings as to constitutional rights), held, such statements were not voluntary.

Certiorari granted; 35 Wis.2d 146, 150 N.W.2d 507, reversed.

Per curiam opinion.

PER CURIAM.

Petitioner was charged with two burglaries and one attempted burglary. He entered pleas of not guilty to each count. Before trial, petitioner requested a hearing on the voluntariness of certain oral admissions and a written confession he had given while in police custody. The hearing was held, and the trial court found that the statements had been voluntarily made. Petitioner waived jury trial. The statements were admitted in evidence, and he was convicted on all three counts. On each of them, he was sentenced to an indeterminate term of not more than five years, with the sentences to run concurrently. The Wisconsin Supreme Court, on appeal, affirmed the convictions. It agreed with the trial court that the statements in question were voluntary. Petitioner sought a writ of certiorari. We grant the motion for leave to proceed in forma pauperis, grant the writ, and reverse the judgment below.

Petitioner, who has a ninth-grade education, was arrested on suspicion of burglary shortly before 10:45 on the evening of January 20, 1965. He was taken to a

Page 520

police station. He was suffering from high blood pressure, a condition for which he was taking medication twice a day. Petitioner had last taken food and medication, before his arrest, at 4 p.m. He did not have medication with him at the time of the arrest. At the police station, petitioner was interrogated from 10:45 until midnight. He was not advised of his constitutional rights. Petitioner repeatedly denied guilt. No incriminating statements were made at this time.

Petitioner was booked and fingerprinted and, sometime after 2 a.m., he was taken to a cell in the city jail. A plank fastened to the wall served as his bed...

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