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STATE v. LEE

No. 83-932-CR.

119 Wis.2d 355 (1984)

351 N.W.2d 755

STATE of Wisconsin, Plaintiff-Appellant, v. Scott LEE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 17, 1984.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Thomas J. Balistreri, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of Ruth S. Downs, assistant state public defender.

Before Gartzke, P.J., Dykman, J., and Gordon Myse, Reserve Judge.

GARTZKE, P.J.

The state appeals from an order suppressing Scott Lee's inculpatory statement. He is charged with conspiracy to deliver a controlled substance, contrary to secs. 939.31 and 161.41(1) (b), Stats. The issues are whether the police may constitutionally initiate interrogation of a defendant after he has invoked his right to counsel and whether defendant's stepmother acted for the police when she persuaded him to inculpate himself. The trial court found that...

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