On Point blog, page 1 of 268
Defense win: COA affirms circuit court order for plea withdrawal in yet another TPR burden of proof appeal
State v. D.H., 2025AP2668, 4/10/26, District I (ineligible for publication); case activity
Potentially reviving an issue many may have thought already settled, COA upholds the circuit court’s order for plea withdrawal in a case involving a deficient colloquy regarding the dispositional burden of proof in a TPR case.
COA rejects attempt to apply Cronic to TPR IAC claim and affirms
State v. V.T., 2025AP1338-40, 3/23/26, District I (ineligible for publication); case activity
In an interesting ineffectiveness appeal, COA confronts clear-cut deficient performance but declines V.T.’s invitation to depart from the Strickland prejudice standard.
COA applies J.J., again holds failure to file petition and report doesn’t deprive circuit court of competency
Milwaukee County DHHS Aging and Disability Services v. B.C., 2024AP2521, 4/7/26, District I; case activity
Applying its recent decision published decision in Department on Aging v. J.J., COA again holds that the county’s failure to timely file the required petition and report to initiate the annual review does not deprive the circuit court of competency.
COA: Defendant not entitled to return of property after he was charged with carrying a firearm where alcohol is sold, but charge was dismissed and read in.
State v. Joseph A. Wheat, 2024AP2369-CR, 4/8/26, District II (ineligible for publication); case activity
The COA held that the defendant was not entitled to have his firearm and ammunition returned to him or sold to a third party for his benefit after they were seized by police when he was charged with carrying a handgun where alcohol is sold and consumed. Although the charge was dismissed and read in, the COA considered the defendant admitted to committing the offense when he agreed to have it dismissed and read in.
COA finds evidence sufficient for Chapter 55 medication order
Winnebago County v. L.J.F.G., 2025AP2645-FT, 4/8/26, District II (ineligible for publication); case activity
In a rare appeal from an involuntary medication order related to a protective placement order, COA affirms despite some of the County’s missteps.
COA: Although plea in TPR appears “questionable,” parent did not prove manifest injustice meriting plea withdrawal
State v. B.A.J., 2025AP1476-77, 4/2/26, District I (ineligible for publication); case activity
In a case that demonstrates the high burden that parents must satisfy to withdraw their pleas, COA affirms despite also acknowledging the “questionable” nature of this mentally ill parent’s plea.
Defense win: COA holds that waiver of right to counsel not knowing, intelligent or voluntary
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.
COA upholds Act 79 vehicle search where officer seized suspect while performing community caretaking function and subsequently developed reasonable suspicion of drug use
State of Wisconsin v. Brandon L. Strickland, 2024AP2376-CR, 3/17/26, District III (not recommended for publication); case activity
The COA determined that law enforcement’s community caretaking function justified an officer to direct a person out of his vehicle after the officer found the person asleep at the wheel while the car was parked in his driveway. And because the officer developed reasonable suspicion that the suspect used and possessed a controlled substance and was on probation, the officer lawfully searched the vehicle under Act 79.
COA rejects facial challenge to Implied Consent Law; affirms denial of motion to suppress blood results
State v. Conor Alexander Noble, 2025AP811-CR, 3/11/26, District II (1 judge opinion, ineligible for publication); case activity
COA rejects Noble’s facial unconstitutionality challenge to Wisconsin’s Implied Consent Law (ICL) and affirms the circuit court’s denial of Noble’s motion to suppress the blood draw results for lack of voluntary consent.
Defense Wins: COA reverses summary judgment at grounds phase of TPR proceeding.
Sawyer County Health & Human Services v. D.K., 2025AP2832, 3/12/26, District III (ineligible for publication); case activity
The COA reversed the order terminating “Daniel’s” parental rights after summary judgment was granted at the grounds phase because genuine issues of material fact exist whether the County made reasonable efforts to provide services.