On Point

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COA asks SCOW to clarify what must be proven in THC cases

State v. Aaron AJ Bethke, 2025AP1383-CR, 8/4/26, District III; case activity (including briefs)

In a rare case where the State believes the pattern jury instructions get it wrong, COA asks SCOW to settle an important burden of proof issue for marijuana prosecutions.

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COA issues 2nd Amendment decision on gun rights of foster parents

Brian Lafferty and Katie Lafferty v. Jeff Pertl and Julie Driscoll, 2025AP414, 7/31/26, District II (recommended for publication); case activity

In one of the first published Wisconsin cases to apply SCOTUS’s evolving precedent on firearm possession, COA holds that at least some regulations placed on foster parents to limit access to firearms went too far.

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COA grants sentence credit claim in recommended decision

State v. Matthew Guy O’Dierno, 2025AP1327, 8/6/26, District IV (recommended for publication); case activity

COA holds that O’Dierno is entitled to sentence credit on new charges for his entire period of pretrial jail custody when a portion of the time was also spent completing a conditional jail sentence.

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COA grants new trial, holds circuit court should have given self-defense jury instruction

State v. Tyler G. Rice, 2023AP2294, 8/4/26, District III (not recommended for publication); case activity

Rice appeals his conviction for disorderly conduct on the basis that the circuit court erroneously denied his motion to instruct the jury on self-defense and defense of others. COA reverses and remands with directions for a new trial.

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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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