State v. Wulff

In State v. Wulff, 200 Wis. 2d 318, 334-43, 546 N.W.2d 522 (Ct. App. 1996), the Court held that a prosecutor may respond with evidence of the defendant's silence to impeach a defendant's claim of cooperation with the police. Wulff explained that Doyle v. Ohio "does not apply to cross-examination that merely inquires into the defendant's prior inconsistent statements." Wulff, 200 Wis. 2d at 339-40. Where a defendant has testified that to an effort to assist police, silence may be used to challenge the credibility of that statement. See Wulff, 200 Wis. 2d at 342-43.