On Point blog, page 1 of 68
Defense Win! COA reverses protective placement order on sufficiency and hearsay challenges
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.
COA: Circuit court properly exercised its discretion in its evidentiary rulings at trial on grounds to terminate parental rights.
State v. D.J., 2025AP1334 and 1335, 9/16/25, District I (one-judge decision; ineligible for publication); case activity
Over the respondent’s evidentiary objections, the COA affirmed the circuit court’s orders terminating D.J.’s parental rights to two of her children.
COA affirms TPR orders, concludes that trial counsel’s performance was not deficient and circuit court properly excluded evidence related to a younger child
State v. M.W., 2025AP2364 &2365 , 9/3/25, District I (ineligible for publication); case activity
M.W. appeals the orders terminating her parental rights to two of her children, “Liam” and “Karen,” and the order denying her motion for postdisposition relief. She argues that her trial counsel was ineffective when by failing object to multiple instances of hearsay, and her due process
rights were violated when the court ruled that she could not introduce evidence at trial that another child remained in her care. COA affirms.
SCOW holds statistical evidence alone does not violate Haseltine rule
State v. Jobert L. Molde, 2025 WI 21, 6/13/25, reversing COA’s authored, unpublished opinion; case activity
SCOW considers whether an expert witness violated Haseltine‘s anti-vouching rule when she testified that only around one percent of child sexual assault disclosures are false without offering an opinion on whether the victim in this case was telling the truth. A unanimous court overrules Mader and any other court of appeals case that holds statistical evidence alone violates the Haseltine rule.
COA affirms OWI conviction at trial, finding that nontestifying witness’s statements to 911 operator were not testimonial and defendant not subjected to custodial interrogation.
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.
Defense Win: COA holds that circuit court wrongly limited defendant’s testimony; holds error is not harmless
State v. Derek J. Jarvi 2023AP2136-CR, 6/12/25, District IV (not recommended for publication); case activity
Despite the State’s efforts to overturn Jarvi’s postconviction win of a new trial, the court of appeals rejects the State’s evidentiary arguments and holds that it failed to prove harmless error in this case.
COA holds that allocution statements are admissible following plea withdrawal
State v. Daniel J. Rejholec, 2023AP2192-CR, 5/28/25, District II (recommended for publication); case activity
In a consequential appeal, COA holds that allocution statements are admissible evidence after a plea has been withdrawn.
COA affirms resentencing denial, holds judge’s comments about defendant’s non-criminal sexual behavior, etc. did not show objective bias
State v. Anthony J. LaRose, 2022AP647-CR, District 3, 3/25/25 (not recommended for publication); case activity (including briefs)
LaRose appeals an order denying his postconviction motion for resentencing on his conviction for first-degree sexual assault of a child, in which he claimed that the circuit court judge was biased against him based on three sets of facts. COA rejects all of LaRose’s arguments and affirms, holding that the court’s comments were related to appropriate sentencing factors and LaRose failed to establish sufficient risk of actual bias.
SCOTUS issues per curiam order clarifying that erroneous admission of prejudicial evidence can violate due process
Andrew v. White, USSC No. 23-6573 (per curiam), 1/21/25, vacating Andrew v. White, 62 F.4th 1299 (10th Cir. 2023); Scotusblog page (with links to briefs and commentary)
In a rare defense win (of sorts) on federal habeas in the US Supreme Court, SCOTUS clarifies that its decision in Payne v. Tennessee “clearly established” the rule that when “evidence is introduced that is so unduly prejudicial that it renders the trial fundamentally unfair, the Due Process Clause of the Fourteenth Amendment provides a mechanism for relief.”
SCOW grants review of defense win as to vouching
State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; reversed 6/13/25; case activity
In a case that we correctly identified as SCOW bait, SCOW accepts review of the State’s petition for review asking to modify the substantive law on vouching as applied by COA. The case is also relevant to determining what is “settled law” in assessing a claim of ineffective assistance of counsel.