On Point: 1. Appeals

State v. Terry Lee Anderson, 2025AP1435, 9/17/26, District IV (not recommended for publication); case activity

Anderson appeals the judgment convicting him of three counts that the circuit court had, in a previous case, dismissed with prejudice. COA agrees that the circuit court lacked the authority to disregard its prior dismissal order as void, and remands with instructions that the court vacate the counts that were previously dismissed with prejudice.

State v. Kevin Jones, 2025AP1539-CR, 9/8/26, District IV; case activity (including briefs)

On the heels of its certification last month in Bethke (see our post here) asking SCOW to determine whether Wisconsin’s legalization of hemp requires the State to prove as an element of the offense of possessing tetrahydrocannabinols (THC) that a substance contains greater than 0.3 percent of THC, the COA certified two additional issues for SCOW.

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.

Barron County v. K.L.P., 2026AP460 & 2026AP461, 7/21/26, District III (ineligible for publication); case activity

The COA held that the circuit court did not lose competency to enter disposition orders in an action to terminate parental rights if it accepts a no-contest plea to the grounds for termination without hearing testimony, even if Wis. Stat. § 48.422(3) requires testimony.

State v. Richard A. Tourtillot, 2024AP1831, 7/7/26, District III (not recommended for publication); case activity

The COA determined the defendant’s consent to a blood draw was voluntary under a since-repealed portion of the Implied Consent Law.

State v. Nicholas B. Selerski., 2024AP1846-CR, 6/25/26, District IV (certification opinion); case activity

In a case that might make many appellate attorneys justifiably nervous, COA asks whether we’ve all been getting sentencing law wrong for decades.

Green County v. K.M.S., 2025AP199, 6/18/26, District IV (ineligible for publication); case activity

Applying an exceptionally deferential review to K.M.S.’s ineffectiveness claims, COA affirms in the face of a somewhat confusing appellate record.

Hunter v. United States, USSC No. 24-1063, 6/18/2026, reversing a decision of the 5th Circuit, Scotusblog page (with links to briefs and commentary)

SCOTUS holds that a defendant’s agreement with the government not to appeal a sentence is unenforceable if it would result in a miscarriage of justice that would bring the judicial system into disrepute.

County of Milwaukee v. Kent Austin Williams, 2025AP2110, 6/16/26, District I (ineligible for publication); case activity

Kent Austin Williams, pro se, challenges the circuit court’s judgment finding him guilty of speeding on the basis that Milwaukee County did not present sufficient evidence to support the violation. COA disagrees and affirms.

Clark v. Mississippi, USSC No. 25-6846, 6/8/2026, denying petition for certiorari; Scotusblog page (with links to briefs and commentary)

SCOTUS denied Tony Terrell Clark’s petition for a writ of certiorari from the Mississippi Supreme Court’s decision affirming his conviction at a capital trial.  Clark argued he received ineffective assistance of counsel during jury selection because his trial lawyer did not adequately raise a Batson challenge when the State struck black jurors at a rate five times more than white jurors.  Justice Sotomayor joined the Court’s decision to deny certiorari because Clark did not argue his counsel’s performance was deficient, but explained in an accompanying statement why the Court needs to address the conflict among state and federal courts regarding the standard to evaluate prejudice for a Batson claim.