On Point

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COA: Collateral attack on prior OWI must allege defendant did not know potential penalties even if plea colloquy was defective; affiant requesting warrant for blood draw need not have witnessed arrest.

State of Wisconsin v. Jonathon L. Sundermeyer, 2024AP2007-CR, 3/3/26, District III (not recommended for publication); case activity

The COA concludes a defective plea colloquy was not sufficient to collaterally attack the defendant’s prior OWI conviction where the defendant did not establish he was unaware of the potential penalties for his prior conviction.  The COA also determined an officer’s affidavit in support of a blood draw complies with the constitutional requirement for an an affidavit to be supported by oath or affirmation where the officer was not present when the defendant was arrested for operating while intoxicated (OWI) but relied on information from an officer who was present.

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COA rejects challenges to TPR dispositional order and affirms

Jefferson County DHS v. G.J.J., 2025AP2491, 3/5/26, District IV (ineligible for publication); case activity

While G.J.J. gets closer than most–and his arguments even give COA “pause”–ultimately, the deferential standard of review applicable to dispositional decisions results in affirmance.

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Defense win: COA reverses guardianship med order

Grant County Dept of Social Services v. D.G.N., 2025AP2382, 2/27/26, District IV (ineligible for publication); case activity

In this appeal limited to the validity of an order for the involuntary administration of psychotropic medication in a guardianship case, COA holds that the county failed to meet two of the Wis. Stat. § 55.14(3) requirements.

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SCOW reverses COA in 971.14 med order appeal, decides standard of review for Sell factors, limits Green’s applicability, and declines to resolve several issues

State v. J.D.B., 2026 WI , 2/25/26, reversing a published court of appeals opinion; case activity

SCOW reverses the COA, holding , clarifies the standard of review for each of the Sell factors, holds that Green is overruled to the extent that it “require[d] each and every piece of information it lists” and declines to decide several issues.

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Press Releases

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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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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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