Kamlager v. Pollard

Federal 7th Circuit Court
Criminal Court
Confession
Citation
Case Number: 
No. 11-3372
Decision Date: 
April 26, 2013
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder conviction on ground that trial court erred in admitting inculpatory statements made to police after defendant had requested counsel. Record showed that after defendant invoked right to counsel during police questioning he also indicated that he might speak with police detective at later time, and state court could properly have denied defendant’s motion to suppress, even assuming that constitutional violation occurred, where: (1) defendant’s inculpatory statements indicating that he was with victim on day of her death were cumulative to other properly admitted evidence and not crucial to conviction; and (2) remaining evidence against defendant strongly supported guilty verdict. Ct. rejected defendant’s argument that admission of unconstitutionally-obtained statement was per se reversible error.