On Point: D. Waiver of issues/arguments

State v. Jason D. Hull, 2025AP483, 10/23/25, District IV (ineligible for publication); case activity

The COA affirmed the circuit court’s judgment that the Dodge County Sheriff’s Department had probable cause to believe that Jason Hull operated a vehicle while intoxicated and his refusal to submit to chemical testing was therefore improper.

State v. Scott R. Shallcross, 2023AP362, 10/7/25, District I (recommended for publication); case activity (including briefs)

This appear arises from Shallcross’s Wis. Stat. § 974.06 postconviction motion, in which he sought to withdraw his guilty pleas based on newly discovered evidence. Shallcross, pro se, argues on appeal that the state committed a Brady violation, and the circuit court should have analyzed his motion as a Brady claim. The state argues that Shallcross is judicially estopped from arguing that he was not responsibible because he admitted as much by pleading guilty, and that the new evidence is not exculpatory under Brady. COA holds that Shallcross is not judicially estopped from raising his plea withdrawal claim based on newly discovered evidence, but agrees with the state that the claim fails under Brady and the newly discovered evidence test.

State v. Desmond J. Wilhite, 2024AP2177-CR, 9/25/25, District IV (recommended for publication); case activity (including briefs)

COA agrees with Wilhite that Wis. Stat. § 971.17(3)(e) is facially unconstitutional to the extent that it permits a circuit court to revoke an NGI acquittee’s conditional release and to commit the acquittee to institutional care based solely on the violation of a court-ordered condition or department rule without proof of current dangerousness. It also concludes that the unconstitutional provisions in § 971.17(3)(e) are severable, and leaves in place the remainder of the statute.

S.S. and L.S. v. A.S.P. and M.P., 2024AP2532, 9/23/25, District III (recommended for publication); case activity

Although COA rejects 2/3 of “Amanda’s” legal arguments, she eventually prevails in a rare plain error win as a result of  defective instructions and a defective verdict form with respect to the abandonment ground in this TPR appeal.

Brown County v. K.B., 2024AP1843, District III, 9/16/25 (one-judge decision; ineligible for publication); case activity

COA agrees with “Kathy” that the county failed to present sufficient evidence establishing that she is in continuing need of protective placement, and reverses the ch. 55 order.

State v. Rebecca Lea Kamm, 2024AP1944-CR, 8/28/25, District IV (ineligible for publication); case activity

The COA held that the defendant forfeited her argument that the State did not comply with Wis. Stat. § 971.23(1) by not disclosing to her counsel video evidence within a reasonable time before trial.  Although the evidence was not provided to counsel until the morning of trial, the issue was forfeited because counsel did not object to its admission.

State v. Carl L. McAdory, 2025 WI 30, 7/1/25, case activity

A unanimous SCOW held that the circuit court had authority under Wis. Stat. 346.63(1)(c) to reinstate Carl McAdory’s conviction for operating a vehicle with a restricted controlled substance in his blood, which was dismissed when he was also convicted of operating a motor vehicle under the influence of a controlled substance that arose out of the same incident or occurrence, after the OWI conviction was vacated on appeal.  The Court also rejected McAdory’s claims that the State forfeited the right to seek reinstatement by not raising the issue on his appeal from his OWI conviction, that the circuit court did not comply with the COA’s mandate, and that he was subjected to double jeopardy.

State v. Nicholas J. Nero, 2023AP543, District III, 6/10/25 (one-judge decision; ineligible for publication); case activity

The COA found that law enforcement had probable cause that Nicholas Nero was driving under the influence, independent from his compelled statement to his probation officer and un-Mirandized statement to a deputy sheriff, and therefore affirmed the circuit court’s order denying his motion to suppress the results of his blood draw.  The COA also found that Nero’s claims for ineffective assistance of counsel at trial were conclusory and undeveloped.

State v. Bernabe Gonzalez,  2024AP358-CR, 5/6/25, District I (1-judge decision, ineligible for publication); case activity

In what we believe is COA’s first foray into the vexing world of firearm regulation post-Bruen and Rahimi, COA holds that Wisconsin’s statute prohibiting intoxicated persons from “going armed” passes muster under an originalist legal analysis.

State v. J.A.V.,  2024AP2081, 4/23/25, District I (1-judge decision, ineligible for publication); case activity

COA rejects two claims relating to the circuit court’s discretionary decision, including an argument that the circuit court relied on inaccurate information regarding the SJO program.