On Point: 5. Confessions

McCarthy v. Hernandez, USSC No. 25-748, 6/22/2026, reversing a decision of the 2nd Circuit, Scotusblog page (with links to briefs and commentary)

SCOTUS reversed the court of appeals’ decision granting habeas relief to a man convicted in 2016 of murdering a six-year old boy in 1979 because the lower court did not correctly apply clearly established federal law regarding the jury’s role in assessing the legality of the defendant’s confessions.

City of Antigo v. John Paul Fermanich, 2023AP1834, 6/16/26, District III (ineligible for publication); case activity

The City of Antigo appeals an order granting John Paul Fermanich’s motion to suppress blood evidence because Fermanich’s consent to the blood draw was coerced. COA affirms in this “close case” as it is the city’s burden to demonstrate that Fermanich freely and voluntarily consented to the warrantless blood draw.

State of Wisconsin v. Kara S. Kluck,  2023AP952-CR, 5/7/26, District IV (ineligible for publication); case activity

Despite the presence of multiple officers, COA finds the test for custody is not satisfied by this interaction and affirms.

State v. Elizabeth A. Erickson, 2025AP1150-CR, 4/22/26, District II (ineligible for publication); case activity

The COA affirmed the defendant’s conviction for disorderly conduct and the circuit court’s order denying the defendant’s motion for postconviction relief alleging her counsel was ineffective for failing to object to the State’s comments at trial that she did not tell police about a dog causing injuries to the victim.  The COA did not address whether the State’s comments violated the defendant’s right against self-incrimination, but determined any error was harmless.

State v. Jasmine C. Daniels, 2025AP74-CR, 3/31/26, District I (not recommended for publication); case activity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

State v. K.R.C., 2026 WI 10, 3/26/26, reversing an unpublished decision of the court of appeals; case activity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

State v. Robert M. Christianson, 2024AP1884-CR, 2/12/26, District IV (recommended for publication); case activity (including briefs)

Christianson pleaded no contest to OWI 8th after the circuit court rejected his collateral challenges to 3 prior OWI convictions. On appeal, he renews his arguments that the three convictions are invalid because he did not have legal counsel, he did not knowingly, intelligently, and voluntarily (“KIV”) waive his right to counsel, and the court handling the case failed to find that he was competent to proceed without counsel in each case. COA concludes that Christianson made a prima facie showing that he was denied his constitutional right to counsel in all three cases, but the state met its burden to show that he nonetheless validly waived his right to counsel in 2 of the 3 cases, and the circuit court properly found that he was competent to proceed without counsel.

State v. Nelson Holmes, 2024AP1121, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity

The COA affirmed Nelson Holmes’ conviction at trial of operating a vehicle under the influence and with a prohibited alcohol concentration, finding that a witness’s statements to a 911 operator were not testimonial and were admissible as present sense  impressions, and that Holmes was not subjected to custodial interrogation when he made incriminating statements to police.

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. Jeremy A. Sobotik, 2024AP1976-CR, 3/19/25, District II (1-judge decision, ineligible for publication); case activity

In an appeal seeking to test the boundary between permissible traffic stop inquiries and interrogation requiring Miranda warnings, COA holds that the officer in question did not cross the constitutionally-imposed line and affirms.