On Point

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COA: Driver suspected of operating under the influence not entitled to alternative test to measure intoxication until arrest.

Portage County v. Adam N. Dombrowski, 2025AP204, 5/21/26, District IV (ineligible for publication); case activity

The COA held that a driver suspected of operating while intoxicated was not entitled to an alternative test to measure the driver’s blood, breath, or urine until he was arrested.  The circuit court’s order denying the defendant’s motion to suppress the results of his blood test were therefore affirmed.

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COA affirms TPR orders over sufficiency challenges

State v. M.G., 2025AP2883-2888, 5/15/26, District I (ineligible for publication); case activity

M.G. appeals orders terminating her parental rights to her six children on the basis that the circuit court erred when it found that the state had proven by clear and convincing evidence that child protective services made reasonable efforts and she failed to assume parental responsibility for the three youngest children. COA affirms.

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SCOW accepts state’s petition on COA’s new trial grant for IAC in Len Bias case

State v. Samuel R. Osornio, 2024AP2368-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity

This is a Len Bias case in which the COA granted a new trial on the basis that Osornio showed there was at least a reasonable probability that he would not have been convicted of reckless homicide if the jury had been properly instructed from the start. SCOW will determine the burden of proof and whether COA diluted the reasonable probability standard for the prejudice prong of Osornio’s ineffective assistance of counsel claim.

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SCOW to address whether a complete ban on using social media as a condition of extended supervision violates the First Amendment.

State v. Jonathan James Petersen, 2024AP581-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity

SCOW will address whether the First Amendment permits a circuit court to impose a complete ban on using social media as a condition of extended supervision.

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Press Releases

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Wisconsin State Public Defenders applaud Evers for establishing commutation board

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On the eve of Public Defense Day, Senate inaction leaves Wisconsin’s constitutional promise underfunded and under-resourced

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Public defenders back bill that would create new positions and decrease delays

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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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