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If you do the crime, you have to make the time



As I have often written, urgent profit is a stupid crime. It leaves physical evidence. If the cause can usually be counteracted by physical evidence. Fire never destroys a property in a large city with a professional fire department. In this case, an attempt to burn for profit resulted in a sentence of more than twenty seven years where the perpetrator did not receive anything more three squares and a cot according to the discretion of the state of Wisconsin. State of Wisconsin by Colin J. Habram, Appeal No. 2017AP2399-CR, Appeal No. 2017AP2400-CR, State of Wisconsin in the Court of Appeals District II (January 16, 2019), Colin Habram found various crimes that resulted in judgments for maintaining a drug smuggling site, arson and intentional abuse of animals. In his opinion, he moved to an order for relief relief that was denied.

FACTS

Habram's problem is due to several cases, two consolidated for his appeal. The first occurred after and happened to a keyword for Habram's residence where the police found drugs and drug accessories. He was accused of maintaining a drug trafficking, possession of an illegally obtained prescription and possession of drug accessories, all as a repeater.

In the second case, Habram called 91

1 at 3:30 and said his house was burning. He told respondent officers that he came home to find an open door, his kitchen "a bit trashed" with broken glasses and a bathroom door on the floor, his bedroom shoes cleaned and "black, thick and big smoke" poured from an extra bedroom he rented out. Habram denied any commitment.

A few hours later, Habram, Fond du Lac, contacted police department detective Lee Mikulec, who responded to the scene, and Brian Liethen, a special agent assigned to the Office of the State Fire Marshal. Both Mikulec and Liethen are trained in fire inspection.

After delays allowed by the officers, Habram sat in an unlocked interview room. He was not handcuffed or fresh. Liethen told Habram that he would not "arrest [him] or any such thing," and that Habram could get into the bathroom or cigarette break, even if he were going to smoke so he could come back inside the building. He was also offered food and drink.

The total interview lasted just under three hours, mostly aggregated actual tasks such as the timeline of events, house layout and its contents and Habram's ownership and insurance coverage. Mikulec testified that the overall tone was "extremely mild" and conversation.

About eighty minutes in, Habram asked, "I don't mean it sounds rude or anything, but do you know how much longer we will be?" Habram asked, "Is it good to go then or what?" Liethen replied, "I don't think you will be much longer here. We'll get you back."

During the last forty minutes, the tone changed. Liethen told Habram that he didn't believe Habram's story, because he thought the fire was consciously based on the fire specialists' many hours of scene inspection and that the evidence only pointed to Habram. Habram first rejected it, but finally acknowledged that he was depressed over his heroin-dependent, precarious economic situation and a failed love affair, decided to end his life and set the fire using lighter fluid as an accelerant. His dog and cat disappeared. After writing a written statement, Habram had to leave the police station. In no time was Habram given warnings required by Miranda v . Arizona 384 U.S. Pat. 436 (1966) .

ARREST

Habram was arrested the next day. He was accused of the fire brigade of a building, a fire brigade for a building intended to defuse, in the first degree unconsciously threatening the security of police and fire crews and intentionally abusing animals, all with the repeater amplifier. He was facing 123 years in prison.

Habram, as part of an agreement with the Prosecutor, did not compete against the fire brigade, animal diseases and drug trafficking costs, which lowered his exposure for fifty-five years and six months. He was sentenced to a total of twenty-seven years in prison.

The Council of Defense Council

In the hearing of the Reconciliation movement, Haba's advice testified that he examined the recording of Habram's interview with the police station, that he was aware that Habram had not received Miranda warnings, and that if would seek the statement is one of the first questions he considered. He testified that he discussed with Habram the possibility of trying to suppress it on both involuntary, heroin poisoning and Miranda grounds and telling Habram Miranda the claim was the stronger argument [19659017]. Noting that the state budget lowered Habram's sentencing exposure by about seventy years, Haase said he explained the risk of being convicted of all the accused offenders at the trial, but whether it was just Habram's decision and Haase would have followed it.

Contrary to Haasa's testimony, Habram testified that Haase did not discuss with him the ability to move to suppress his arson confession based on a Miranda violation. The circuit court noted that Habram was not in custody during the interview and found that most of the issue was "relatively benign, informative", that Habram's "vague and nebulous" questions about the interview were long were not requests to terminate it, and that a reasonable a person under similar circumstances would have been free to leave.

The trial found that Habram failed to prove that Haase was ineffective because of the speculative nature of the claim of failure to use Miranda .

ANALYSIS

To withdraw an appeal for testimony, a defendant with clear and convincing evidence must prove that a trial of the ground is necessary to correct an obvious injustice.

To remedy an ineffective aid claim, the defendant must demonstrate that Council representation fell under an objective standard of reasonableness and that there is a reasonable probability that, but for the unprofessional errors, the result of t he continued would have been different. A reasonable probability is a probability that is sufficient to undermine confidence in the result.

The appeal noted that Miranda warnings are only required in connection with a storage hearing. It is common ground that they did not get Habram.

In assessing whether a person was "in custody" for Miranda the Court of Appeal in total refers to the circumstances, including the individual's freedom to go; The purpose of, the location and length of the interrogation and the degree of restraint. Strength factors include whether the person was handcuffed or otherwise limited; a weapon was drawn a healthy performed; the individual was moved to another location questioning took place in a police vehicle and several officers were involved. A person is in custody if a reasonable person in the same circumstances would not end the interview and leave the scene.

Habram volunteered with Mikulec from his hotel room to the police station.

Intervjurumsdør It was closed but not locked. Habram was not fresh, handcuffed or otherwise upset and received four breaks.

The approximately three hour interview was not "excessive". Most of it was call information required for a fire investigation. Even after the tone became accusatory and Habram gave his statement, he was not arrested. Instead, Mikulec offered to "help you out today … if we took you to the hospital to try … help you get rid of this disease that's sick now." When Habram declined, they drove him back to their hotel.

A witness told the police that Habram talked to her several times about burning her house just days before the fire. Haase also explained to Habram that the attempt would take the state budget from the table and entail the risk of being convicted of all the accused criminals, which significantly increases their judgment exposure.

Although a defendant shows that particular errors of advice were unreasonable, because the defendant had to show that they actually had a negative impact on the defense.

A display of prejudice requires more than speculation. the defendant must confirm the prejudice, since Habram failed to establish that he was injured by any of the alleged deficiencies of his defense council, the Board of Appeal confirmed the judgments and Habram will be required to serve the judgment imposed by the court.

Habram tried a fuel for profit. He told a girlfriend of his intention days before the fire. The physical evidence on the fire site opposed his actual claims. Facing more than 100 years in prison Habram pleaded guilty to many of the charges and thus lowered his exposure to over 80 years in prison. Regardless of whether the sentence requires him to earn many years in prison, he tried to reverse it by claiming incompetent representation of his lawyer. The argument that justice demanded failed.


© 2019 – Barry Zalma

This article and all blog posts on this site, melt and summarize issues published by the courts of the various states and the United States. The court decisions have been modified from the actual language of the court decisions, condensed to facilitate reading and convey the author's views in each individual case.

Barry Zalma, Esq., CFE, now restricts his practice of service as an insurance consultant specializing in insurance coverage, insurance management, bad faith assurance, and insurance fraud nearly equal for insurers and policyholders. He also serves as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance cover and law firm and more than 50 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual requirement Magazine / ACE Legend Award.

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