Full title: BOSKET, Plaintiff in error, v. STATE, Defendant in error
Court: Supreme Court of Wisconsin
Date published: Jul 1, 1966
Facts
Plaintiff in error Willie James Bosket (hereinafter “defendant”) was charged with first-degree murder on July 20, 1962, of Dave Hurwitz and William Locke. Before the preliminary hearing the circuit court-appointed counsel for the defendant because of his indigency, such counsel being the lawyer the defendant specifically requested be appointed. Separate information was filed and on arraignment defendant entered pleas of not guilty and not guilty because of insanity, which latter plea was later withdrawn.
Issue
Decision
On remand of the cause to the circuit court, that court is to conduct a hearing on the issue of the voluntariness of the defendant’s written confession and admissions to the Milwaukee police officers and shall make proper findings of fact. If the circuit court finds and determines that the confession was voluntarily made by the defendant, no further action will be necessary on the part of that court. However, should the circuit court find and determine that the confession or admissions, or any of them, were involuntarily made by the defendant, the circuit court is directed to vacate and set aside the judgments of conviction and sentence, and grant a new trial.
The cause is remanded to the circuit court for further proceedings by this opinion.