Review granted in 'State v. Grady'

The Wisconsin Supreme Court has granted review in this case. (2007AP672-CR)

Marchand Grady has asked the Supreme Court to review a Court of Appeals’ decision [January 28, 2008 summarily] affirming his conviction on charges of first-degree homicide while armed with a dangerous weapon as party to a crime, possession of a short-barreled shotgun and possession of a firearm by a felon.

Some background: Grady was found guilty by a jury and sentenced to life in prison with the potential for release in 52 years. He raises two issues involving his Miranda rights and police interviews conducted on May 16 and 17, 2005.

Grady agreed to be questioned by police and was given his Miranda warnings before he was formally arrested. Police did not repeat the Miranda warnings after the arrest, which occurred after the second interview.

Grady argues that because he was not again given his Miranda warnings, a statement he made was involuntary and should have been suppressed.

The Court of Appeals affirmed the circuit court’s conclusion that Grady “knew exactly what he was doing and was not the subject of improper police coercion when he provided the information to police.”

Grady asks the Supreme Court to review two issues:

Did the trial court err by denying Grady's motion to suppress his first statement where his Miranda rights were not given to him after he was placed under arrest?

Did the trial court err by not suppressing Grady's second statement as being a product of the invalid first statement as a continuing violation of Grady's constitutional rights? From Milwaukee County.