On Point

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SCOTUS reinstates murder conviction because clearly established federal law does not require jury to determine legality of defendant’s confession.

McCarthy v. Hernandez, USSC No. 25-748, 6/22/2026, reversing a decision of the 2nd Circuit, Scotusblog page (with links to briefs and commentary)

SCOTUS reversed the court of appeals’ decision granting habeas relief to a man convicted in 2016 of murdering a six-year old boy in 1979 because the lower court did not correctly apply clearly established federal law regarding the jury’s role in assessing the legality of the defendant’s confessions.

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SCOW holds criminal courts cannot order involuntary medication of a defendant committed for purposes of competency restoration on basis of dangerousness

State v. N.K.B., 2026 WI 22, 6/26/26, affirming a published decision of the court of appeals; case activity

SCOW holds that criminal courts cannot order involuntary medication of a defendant committed for purposes of competency restoration on the basis that he or she is dangerous.

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SCOTUS holds that cell phone user has reasonable expectation of privacy in location history data; remands to court of appeals to assess whether a geofence warrant was reasonable.

Chatrie v. United States, USSC No. 25-112, 6/29/2026, reversing a decision of the 4th Circuit, Scotusblog page (with links to briefs and commentary)

SCOTUS determined that police conduct a search when they gain access to location history data from a third party because a person has a reasonable expectation of privacy in records about his or her cell phone’s location.  The Court remanded to the federal court of appeals to determine whether the geofence warrant at issue was reasonable.

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COA reverses sentencing court’s order de facto terminating defendant’s parental rights

State v. Dominic L. Brister, 2024AP1516-CR, 6/30/26, District I (recommended for publication); case activity

COA issues a broad defense win, holding that the First Amendment forbids the extreme no-contact order entered in this case.

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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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