State v. Adrean L. Smith

2014 WI 88, 357 Wis. 2d 1, 2014 Wisc. LEXIS 683
CourtWisconsin Supreme Court
DecidedJuly 24, 2014
Docket2012AP000520-CR
StatusPublished
Cited by25 cases

This text of 2014 WI 88 (State v. Adrean L. Smith) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Adrean L. Smith, 2014 WI 88, 357 Wis. 2d 1, 2014 Wisc. LEXIS 683 (Wis. 2014).

Opinions

ANNETTE KINGSLAND ZIEGLER, J.

¶ 1. This is a review of two per curiam decisions of the court of appeals, State v. Cummings, No. 2011AP1653-CR, unpublished slip op. (Wis. Ct. App. Jan. 10, 2013), and State v. Smith, No. 2012AP520-CR, unpublished slip op. (Wis. Ct. App. Jan. 23, 2013). In Cummings the court of appeals affirmed the orders of the Portage County Circuit Court,1 denying Carlos A. Cummings' ("Cummings") motion to suppress and motion for postconviction relief. In Smith the court of appeals affirmed the order of the Milwaukee County Circuit Court2 denying Adrean L. Smith's ("Smith") motion to suppress.

¶ 2. Both Cummings and Smith argue that they unequivocally invoked the right to remain silent prior to making incriminating statements to police.3 Both Smith and Cummings argue that, as a result, their incriminating statements should have been suppressed. Cummings separately argues that the circuit court should have granted his motion for postconviction relief because the sentence imposed on him was unduly harsh.

¶ 3. The State argues that neither Cummings nor Smith unequivocally invoked the right to remain silent, and further argues that Cummings' sentence was not unduly harsh.

[8]*8¶ 4. We conclude that neither Cummings nor Smith unequivocally invoked the right to remain silent during their interrogations. As a result, the circuit court properly denied each defendant's motion to suppress the incriminating statements made to police. We also conclude that Cummings' sentence was not unduly harsh. We therefore affirm the court of appeals in both cases.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. State v. Cummings

¶ 5. On November 18, 2008, police responded to a reported shooting at a park in Stevens Point, Wisconsin. On arriving at the scene, officers found the victim, James Glodowski ("Glodowski"), conscious and responsive despite having been shot a number of times in the head and upper body.4 Glodowski told police that he had been shot by a woman named "Linda," later identified as Linda Dietze ("Dietze").

¶ 6. Glodowski explained that Dietze had called him and asked him to meet her at the park. Dietze had told Glodowski during the call that she wanted to repay $600 that she had previously borrowed from him. Dietze also told Glodowski that she had video evidence of an affair between his wife, Carla Glodowski ("Carla"), and a man named "Carlos." When Glodowski arrived at the park, Dietze handed him the videotape, pulled out a .22 caliber pistol, and shot him. Before fleeing the scene on foot, Dietze told Glodowski that she was sorry for shooting him but that it was his wife's fault.

[9]*9¶ 7. As part of their investigation, Stevens Point police officers interviewed Cummings on the afternoon of the shooting. During his interview with police, Cummings denied any knowledge or involvement in the shooting, though he admitted that he was friendly with both Dietze and Carla. At this point, Cummings had not been arrested, nor had he been advised of his Miranda rights. See Miranda v. Arizona, 384 U.S. 436 (1966). Cummings was subsequently released.

¶ 8. Later that evening, police located Dietze at her apartment and arrested her. Dietze admitted to shooting Glodowski, but told police that meeting Glodowski at the park had been Cummings' idea. Dietze further stated that Cummings had driven her to and from the shooting, and that she had left a backpack containing the pistol used in the shooting in Cummings' vehicle. Officers also obtained surveillance footage of Dietze being dropped off at a gas station near her apartment after the shooting. The vehicle which dropped Dietze at the gas station was similar to Cummings' vehicle.

¶ 9. Following the interrogation of Dietze, police returned to Cummings' home and asked whether he would be willing to return to the station for further questioning. After being assured that he was still not in custody, Cummings agreed. Officers then transported Cummings back to the police station.

¶ 10. Following some preliminary questions, Cummings was advised of his Miranda rights. Cummings agreed, both orally and in writing, to waive those rights and speak with the officers. The officers then questioned Cummings about the inconsistency between his prior statements and the version of events given by Dietze. During that discussion the following exchange took place:

[10]*10[OFFICER]: You've got a lot to lose, and at this point, I'm telling you right now Carlos, no . . . all bullshit aside, there's enough to charge you right now! Okay? This is your opportunity to be honest with me, to cut through all the bullshit and be honest about what you know.
[CUMMINGS]: I'm telling you.
[OFFICER]: So why then do we got Carla and [Dietze] telling us different?
[CUMMINGS]: What are they telling you?
[OFFICER]: I'm not telling ya! I'm not gonna fuckin' lay all my cards out in front of you Carlos and say, "This is everything I know!"
[CUMMINGS]: Well, then, take me to my cell. Why waste your time? Ya know?
[OFFICER]: Cuz I'm hoping ...
[CUMMINGS]: If you got enough ...
[OFFICER]: ... to get the truth from ya.
[CUMMINGS]: If you got enough to fuckin' charge me, well then, do it and I will say what I have to say, to whomever, when I plead innocent. And if they believe me, I get to go home, and if they don't...
[OFFICER]: If who believes you?
[CUMMINGS]: . . . and if they don't, I get locked up.

¶ 11. The interrogation continued and Cummings eventually admitted that he had driven Dietze to a location near the park where the shooting had occurred. Cummings further stated that, when Dietze returned to Cummings' car she told him that she had shot someone and asked to be taken home. Cummings admitted that Dietze left her backpack with him but claimed that he [11]*11found only Dietze's wallet and keys inside. Cummings denied that he knew Dietze intended to shoot Glodowski before driving her to the park. He further denied that he ever possessed the gun used in the shooting. Cummings was then informed that he was being placed on a probation hold.5

¶ 12. Police then questioned Carla regarding the shooting. Carla claimed to be having an affair with Cummings.6 She stated that her husband would never grant her a divorce. Carla explained that she and Cummings planned to have a third person shoot and kill her husband so that they could collect his life insurance policy and then flee together. Carla admitted her part in the plan, which included a contribution of money towards hiring the shooter.

¶ 13. On November 19, 2008, the day following the shooting, police conducted a search of Cummings' home.7 The search uncovered a case and magazine for a .22 caliber Smith & Wesson pistol, and five .22 caliber shell casings hidden in the basement.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 WI 88, 357 Wis. 2d 1, 2014 Wisc. LEXIS 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-adrean-l-smith-wis-2014.