On Point: B. Published opinions

State v. Kyle A. Schaefer, 2023AP1747-CR, 11/18/25, District III (recommended for publication); case activity

Schaefer appeals from an order granting the Department of Health Services’ petition to revoke his conditional release under WIS. STAT. § 971.17(3)(e). When DHS originally detained Schaefer, it filed the required probable cause statement and petition to revoke his conditional release in the circuit court case but failed to timely submit the documents to “the regional office of the state public defender” within 72 hours as required by § 971.17(3)(e). After the circuit court dismissed the petition pursuant to State v. Olson, 2019 WI App 61, ¶2, 389 Wis. 2d 257, 936 N.W.2d 178, DHS refiled the same petition with a new date of detention. Schaefer’s conditional release was thereafter revoked on the second petition. COA affirms, holding that DHS may refile after a petition is dismissed for lack of compliance with § 971.17(3)(e).

State v. Max Bell, 2024AP1923-CR, 2024AP1924-CR, & 2024AP1925-CR, 11/13/25, District IV (recommended for publication); case activity (including briefs)

Whether to join cases for trial is a separate inquiry from whether to sever cases that have been joined.  While the severance subsection of the joinder statute, Wis. Stat. § 971.12(3), directs the circuit court to sever charges if a party is prejudiced by joinder, the circuit court is not required by statute to consider prejudice when determining whether charges should be joined.  See Wis. Stat. § 971.12(1),(4).  Nevertheless, the COA held in a decision recommended for publication that a circuit court is permitted to consider prejudice when making its initial joinder decision.  The COA affirmed joinder of Max Bell’s charges for trial and his subsequent convictions in each case.

State v. Angela R. Joski, 2023AP1371-CR, 10/29/25, District II (recommended for publication); case activity

The state appealed Joski’s early release under Wis. Stat. § 973.195, arguing that pursuant to State v. Gramza, 2020 WI App 81, ¶24, 395 Wis. 2d 215, 952 N.W.2d 836, Joski must fully serve the mandatory minimum three-year term of initial confinement prescribed by Wis. Stat. § 346.65. COA agrees due to Gramza‘s interpretation, and reverses.

State v. Tommy Jay Cross, 2023AP2013-CR, 11/4/25, District III (recommended for publication); case activity

In an opinion that might remind some readers of their first year of law school, COA outlines the basic principles of Wisconsin’s self-defense doctrine and holds that the jury was given inaccurate instructions on the subject as it pertains to defense of others.

State v. Christopher J. Syrrakos & Kristyn A. Shattuck, 2024AP554 & 2024AP556, 10/29/25, District II (recommended for publication); case activity (including briefs)

The COA held, in a decision recommended for publication, that a licensed hemp processor may be prosecuted for offenses related to possessing, manufacturing, and delivering products that contain concentrations of THC above the threshold to be classified as “hemp” without a referral by the agency concerned with regulating the hemp industry.

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.

As usual, we bring you coverage of COA’s orders regarding publication, this time for July, August and September.

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.

State v. Keith Kenyon, 2022AP2228-CR, 9/16/25, District I (recommended for publication); case activity

Although COA is surprisingly candid in acknowledging some of the injustices present in this appeal, the Court ultimately concludes that Kenyon’s constitutional challenge is foreclosed by existing precedent.