Opinion
No. 2014AP1670–CR.
2015-05-12
STATE of Wisconsin, Plaintiff–Respondent, v. L.C. HOGAN, Defendant–Appellant.
The detectives continue bantering with Hogan and give him a cigarette. Detective Ball then asks Hogan, “Now it's okay for us to continue to talk to you?” Hogan responds, “Yeah.” Because Hogan did not unequivocally invoke his right to silence, his trial lawyer did not provide him with constitutionally ineffective assistance of counsel by failing to raise this argument in the suppression motion. See State v. Reynolds, 206 Wis.2d 356, 369, 557 N.W.2d 821 (Ct.App.1996) (failing to raise a meritless argument does not constitute ineffective representation).