On Point: 1. Appeals

State v. Richard A. Tourtillot, 2024AP1831, 7/7/26, District III (not recommended for publication); case activity

The COA determined the defendant’s consent to a blood draw was voluntary under a since-repealed portion of the Implied Consent Law.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

City of Mequon v. Scott Sarver Lindvall, 2025AP1703, 5/13/26, District II (ineligible for publication); case activity

Although Lindvall seizes on the officer’s word choice in discussing the consequences of refusing to consent to an evidentiary blood draw, the Court ultimately finds his arguments unavailing and affirms.

State v. Kimberly D. Zapata, 2025AP425-CR, 5/12/26, District I (recommended for publication); case activity

The Deputy Director of the City of Milwaukee Election Commission was convicted at trial of election fraud and misconduct in public office after she had fictitious military absentee ballots sent to a state legislator to publicize the potential for election fraud with such ballots.  In a decision recommended for publication, the COA affirmed her convictions because the evidence was sufficient for the jury to find she “obtained” the ballots for purposes of election fraud and acted in her public capacity.

Village of Hales Corners v. Aman D. Singh, 2024AP2055 & 2024AP2056, 5/12/26, District I (ineligible for publication); case activity

The COA reversed the circuit court’s order denying the defendant’s request to waive the transcript fee for his appeals.

Winnebago County v. Michael Jon Potratz, 2025AP1059, 4/29/26, District II (ineligible for publication); case activity

The COA affirmed the circuit court’s order denying the defendant’s motion to suppress the results of his blood draw based on the factors established by SCOW in Artic .