Miles Cruz appears in court for his sentencing March 3, 2023. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) – The Wisconsin Supreme Court will not hear the appeal of Miles Cruz, who attacked a De Pere woman and her child on a De Pere trail in 2021, leaving his conviction in place.
Cruz, now 21, was sentenced to 42.5 years in prison for the attack. Cruz was 17 at the time of the crime.
A state appeals court previously ruled police did not violate Cruz’s Fourth Amendment rights when they collected DNA samples from him.
Police took samples from under Cruz’s fingernails and the inside of his cheek. Though officers did not have a warrant, the court ruled Cruz “voluntarily consented” to the swabs by giving police ” affirmative words and gestures” when he was asked for them. He appealed, but the court ruled he had given consent.
He appealed again, but the state Supreme Court ruled Wednesday it would not take the case, leaving the lower court ruling in place.
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