On Point blog, page 2 of 6
A belated Seventh Circuit update
We know it has been quite some time since we checked in with the Seventh. Mostly, that’s because the pace of the Court slowed down quite a bit toward the end of the year. We wanted to make this post more substantive, so we’ve combined the last few months into one update. As usual, we’ve tried to focus on cases with potential relevance to state court practitioners and thereby omit several interesting cases about federal procedure or federal statutory interpretation:
COA finds sufficient evidence of dangerousness and affirms protective placement
Brown County v. M.S., 2025AP1532, 2/3/26, District III (ineligible for publication); case activity
In yet another appeal focusing on Chapter 55’s dangerousness criterion, COA holds that while the County could have done a better job at this hearing, the evidence passes muster on appeal.
Defense Win: COA, in decision recommended for publication, finds reverse waiver statute unconstitutional
State v. Noah Q. Mann-Tate, 2024AP2585-CR, 2/3/26, District I (recommended for publication); case activity
In a massively consequential decision, COA reaffirms the uniqueness of children facing criminal charges and finds our notoriously-stringent reverse waiver statute unconstitutional as a result.
COA rejects novel refusal argument and affirms
State v. Jeffrey Lee Buss, 2025AP392, 1/23/26, District IV (ineligible for publication); case activity
Although Buss makes some interesting arguments as to why he did not “refuse” the requested breath test, COA is unpersuaded and affirms.
COA rejects sufficiency challenge for failure to control vehicle
State v. Jacob T. Thornburg, 2023AP600, 1/21/26, District IV (ineligible for publication); case activity
In an appeal following a bench trial for an alleged violation of the traffic code, COA rejects the pro se appellant’s arguments and affirms.
In eagerly-awaited decision, SCOW holds that police did not exceed scope of previously conducted “private search” of suspected CSAM
State v, Michael Joseph Gasper, 2026 WI 3, 1/14/26, affirming a published decision of the court of appeals (on other grounds); case activity
In a narrow decision, SCOW holds that law enforcement did not exceed the scope of a private search conducted on a file uploaded by Gasper to Snapchat account which allegedly contained CSAM and affirms.
COA expresses skepticism about window tint argument and upholds OWI stop
State v. Joseph M. Heroff, 2025AP684-CR, 12/23/25, District II (ineligible for publication); case activity
COA applies general reasonable suspicion principles to uphold a stop based on overly dark tint, holding that the officer’s testimony was sufficient and that he did not need to articulate any specific expertise as to the legal tint percentage.
Publication Orders for October, November and December
As usual, we bring you coverage of COA’s orders regarding publication, this time for October, November and December.
COA rejects challenges to discretionary order in CHIPS case and affirms
State v. A.B., Jr., 2024AP2454-56, 12/16/25, District II (ineligible for publication); case activity
In a rare CHIPS appeal, COA applies the discretionary standard of review and affirms.
COA resolves recurring challenge to DV enhancer, rejects reliance on Rector, and applies definition of “separate occasions” from prior case law
State v. Brian Tyrone Ricketts, Jr., 2024AP2291-CR, 12/9/25, District III (recommended for publication); case activity
Following on the heels of the recent litigation as to the meaning of “separate occasions” that reached SCOW in the Rector case, COA holds that two charges in the same case constitute “separate occasions” for the purposes of the domestic abuse repeater.