On Point

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COA affirms denial of motion to dismiss delinquency petition filed 351 days after the § 938.25(2)(a) deadline.

State v. K.R.C., 2025AP90, 12/9/25, District III (one-judge decision; ineligible for publication); case activity

“Kyle” appeals, arguing that the state did not have good cause for filing a delinquency petition outside the 20-day filing deadline in WIS. STAT. § 938.25(2)(a). COA disagrees and affirms.

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SCOW accepts original action petition to determine power of sheriffs to enforce immigration laws

Voces de la Frontera, Inc. v. Gerber, 2025AP2121, petition for original action granted 12/3/25; case activity

In yet another case involving a hot-button issue sure to garner lots of press and national attention, SCOW agrees to review under what circumstances local sheriffs may participate in the enforcement of federal immigration laws.

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COA issues first impression decision on constitutionality of warrant to search contents of smartphone, holds “the warrant must specify the particular items of evidence to be searched for and seized from the [smart]phone,” and its authorization must be “limited to the time period and information or other data for which probable cause has been properly established… in the warrant’s supporting affidavit”

State v. Emil L. Melssen, 2024AP1942-CR, 11/20/25, District IV (recommended for publication); case activity (including briefs)

Emil Melssen appeals from a judgment of conviction following a jury trial, in which he was convicted of possession of methamphetamine with intent to deliver and related charges. He argues that the evidence was insufficient to sustain his conviction and the circuit court erroneously denied his motion to suppress evidence obtained in the execution of two search warrants. COA rejects Melssen’s sufficiency argument, but concludes that the warrant to search his smartphone violated the Fourth Amendment because it was overbroad and not carefully tailored to its justifications. The court remands for a determination on the remedy.

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COA: Circuit court erroneously exercised discretion in finding deceased officer’s body camera footage could not be authenticated.

State v. Billy Ray Edward Johnson, 2024AP1135, 12/2/25, District I (ineligible for publication); case activity

COA reverses order denying State’s motion to admit body camera footage compiled by a deceased police officer.

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Press Releases

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Wisconsin State Public Defenders and UW Law announce revamped Public Defender Project, bringing real-world experience into the classroom

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SPD recognizes outstanding attorneys and advocates at 2025 awards ceremony

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SPD Statement on Bill LRB-0779

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Tom Reed Retires from SPD After More Than 40 Years of Service

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Gina Pruski Presented with 2024 Lifetime of Service Award

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Wisconsin State Public Defender’s Office Announces 2024 Award Recipients

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