MADISON, Wis. (WSAU) -- The State Supreme Court will hear the appeal of a Stevens Point man convicted in the conspiracy to murder his lover's husband in 2008.
Carlos Cummings argues that statements he made to police should not have been allowed at his trial because he asked to be taken back to a holding cell, while police continued to question him.
Cummings' lawyers said that violated his right to remain silent under Miranda v. Arizona. Both the circuit court and the appeals court disagreed and stated that the request was ambiguous and that Cummings continued to answer police questions voluntarily under interrogation after he made his request.
Cummings also argued that his sentence in the case was twice the length of the woman he employed to carry out the shooting. The shooter, Linda Dietze, shot James Glodowski -- but he survived the incident. Cummings was sentenced to 14-years in prison. Dietze is serving a 7-year sentence. The Appeals Court did not find that a compelling reason to reduce his sentence.
Oral arguments in the case have been tentatively set for March.