On Point: Pending in SCOW

State v. Samuel R. Osornio, 2024AP2368-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity

This is a Len Bias case in which the COA granted a new trial on the basis that Osornio showed there was at least a reasonable probability that he would not have been convicted of reckless homicide if the jury had been properly instructed from the start. SCOW will determine the burden of proof and whether COA diluted the reasonable probability standard for the prejudice prong of Osornio’s ineffective assistance of counsel claim.

State v. Noah Q. Mann-Tate, 2024AP2585-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity

In a blockbuster case, SCOW will determine whether Wisconsin’s treatment of children charged with serious crimes passes constitutional muster under a long of line of SCOTUS authorities establishing the unique characteristics of children.

State v. Daniel J. Rejholec, 2023AP2192-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity

In a case that pits the common law interpretation of a statute against what appears to be a straightforward textual interpretation, SCOW will have the opportunity to issue one of its most consequential criminal law decisions of the term.

State v. John R. Phelan, 2024AP777-CR, petition for review of an published court of appeals decision, granted 4/22/26; case activity

In a unique statutory construction case, SCOW will determine the scope of authority allocated to DNR wardens in enforcing the criminal law.

S.G. v. Wisconsin DCF & Waupaca County, 2024AP472, petition for review of a published decision of the court of appeals, granted 3/11/26

In a case that will impact an important procedural aspect of certain CHIPS cases, SCOW accepts review of Waupaca County’s petition seeking to reverse (something of) a defense win.

Voces de la Frontera, Inc. v. Gerber, 2025AP2121, petition for original action granted 12/3/25; case activity

In yet another case involving a hot-button issue sure to garner lots of press and national attention, SCOW agrees to review under what circumstances local sheriffs may participate in the enforcement of federal immigration laws.

State v. Gasper, 2023AP2319, petition for review of a published decision of the court of appeals, granted 3/13/25; case activity

State v. Rauch Sharak., 2024AP469-CR, accepting review of a certification, granted 3/13/25; case activity

State v. N.K.B., 2023AP722-CR, petition for review of a published decision of the court of appeals, granted 2/12/25; case activity

In yet another involuntary med appeal arising from pretrial competency proceedings, SCOW is asked to clarify whether dangerousness alone is a sufficient basis on which to order involuntary medication.

State v. J.D.B., 2023AP715-CR, petition for review of a published decision of the court of appeals, granted 2/12/25; case activity

In a case that promises to have broad repercussions for how involuntary medication hearings are conducted under § 971.14(5)(am). , SCOW agrees to review a case we termed a “HUGE” defense win.

State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, petition for review of a per curiam court of appeals decision, granted 11/12/24; affirmed 7/3/25; case activity (including briefs)

The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and Sellers asked the COA to affirm DHA’s original decision not to revoke Sellers’s probation. The COA agreed with DHA and Sellers, reversing the circuit court’s order and affirming DHA’s decision not to revoke Sellers’s probation. DOC petitioned for review.