In 2005, the Wisconsin Supreme Court issued two decisions related to the Commission's work.
State v. Jerrell, 2005 WI 105
On July 9, 2005, the Wisconsin Supreme Court held that custodial interrogations of juveniles must be electronically recorded where feasible, and without exception when the interrogation occurs in a place of detention. 2005 WI 105. With the decision, Wisconsin became the third state with some form of judicially-mandated recording. Other states, including Illinois, New Mexico, Maine, and Texas have already addressed the issue through legislation, and more than a dozen other states will be considering such legislation this year.
State v. Dubose, 2005 WI 126
On July 14, 2005, the Wisconsin Supreme Court held that eyewitness evidence obtained through use of a show-up is inadmissible unless conducting a show-up was necessary. 2005 WI 126. Show-ups will be deemed unnecessary unless police lacked probable cause to arrest or other exigent circumstances prevented conducting a lineup or photo array.