On Point blog, page 1 of 6

Defense win: COA holds that waiver of right to counsel not knowing, intelligent or voluntary

State v. Jasmine C. Daniels, 2025AP74-CR, 3/31/26, District I (not recommended for publication); case activity

In a citable opinion, COA issues a rare defense win, finding the circuit court’s findings of fact clearly erroneous.

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SCOW issues powerful decision relevant to juveniles interrogated at school but denies relief under harmless error analysis

State v. K.R.C., 2026 WI 10, 3/26/26, reversing an unpublished decision of the court of appeals; case activity

While SCOW denies relief to K.R.C., it issues a strongly worded decision that will help vindicate the constitutional rights of children interacting with school resource officers on campus.

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SCOW accepts review of important CHIPS case

S.G. v. Wisconsin DCF & Waupaca County, 2024AP472, petition for review of a published decision of the court of appeals, granted 3/11/26

In a case that will impact an important procedural aspect of certain CHIPS cases, SCOW accepts review of Waupaca County’s petition seeking to reverse (something of) a defense win.

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In decision recommended for publication, COA approves use of “readers” at preliminary hearings

State v. Latres Christopher Robinson, 2025AP983-CR, 3/12/26, District IV (recommended for publication); case activity

In a decision resolving an issue which has been percolating since SCOW’s decision in O’Brien over a decade ago, COA approves the practice of calling an investigator to read the criminal complaint into the record in order to satisfy the preliminary hearing requirement.

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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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SCOW holds that ESP was not acting as government agent when it scanned files for CSAM

State v. Andreas W. Rauch-Sharak, 2026 WI 4, 2/24/26, on certification from the court of appeals; case activity

SCOW holds that Google’s search of Rauch-Sharak’s files was a private search, slightly clarifies that legal test, and affirms.

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Defense win: COA upholds jury’s verdict in favor of TPR respondent

J.R.P. v. W.P.M., 2024AP1535, 2/19/26, District IV (ineligible for publication); case activity

In a rare sufficiency challenge pursued by the petitioner, COA applies a deferential standard of review and affirms.

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COA finds there was sufficient evidence of obstructing and affirms

State v. Kyle R. Appel, 2023AP2083-CR, 2/17/26, District III (ineligible for publication); case activity

Applying a standard of review exceptionally deferential to a jury’s decision to convict, COA distinguishes Appel’s proffered authority and affirms.

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COA rejects challenge to TPR dispositional order and affirms

State v. L.Z., 2025AP2731-32, 2/17/26, District I (ineligible for publication); case activity

Although L.Z. tries to capitalize on certain statements in the court’s oral ruling as giving a foothold for her appellate challenge, the standard of review means the argument attacking a discretionary decision goes nowhere.

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COA rejects challenges to discretionary restitution order and affirms

State v. Tate H. Batson, 2025AP136-CR, 2/12/26, District IV (ineligible for publication); case activity

Although Batson tries his best to poke holes in the judge’s discretionary decision, the deferential standard of review means those arguments uniformly fail.

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