On Point: Pending in SCOW

State v. Angela R. Joski, 2023AP001371-CR, petition for review of a published decision of the court of appeals, granted 8/18/25; case activity

In a case that could call for an abrupt reassessment of very recent COA precedent, SCOW has indicated its willingness to assess the ability of persons convicted of certain OWI offenses to obtain early release.

State v. Emil L. Melssen, 2024AP1942-CR, petition for review of a published decision of the court of appeals, granted 8/21/26; case activity

SCOW has granted the state’s petition to review a published COA decision (see our post here), which held, as a matter of first impression, that a “warrant must specify the particular items of evidence to be searched for and seized from the smartphone, and its authorization must be limited to the time period and information or other data for which probable cause has been properly established through the facts and circumstances set forth under oath in the warrant’s supporting affidavit.” (Cleaned up).

State v. Brian Tyrone Ricketts, Jr., 2024AP2291-CR, petition for review of a published decision of the court of appeals, granted 8/18/25; case activity

In an interesting grant that seems to follow naturally from the more recent Rector decision, SCOW is asked to determine the meaning of “separate occasions” in the DV repeater enhancer statute.

State v. Ayanna Chuntel McAfee, 2024AP1635-CR, petition for review of a summary disposition order of the court of appeals, granted 8/18/26; case activity

SCOW grants Ayanna McAfee’s petition for review to address whether the odor of cannabis alone provides probable cause to search a car.

State v. Desmond J. Wilhite, 2024AP2177-CR, petition for review of a published decision of the court of appeals, granted 8/18/26; case activity

SCOW grants the state’s petition in this defense win (see our post on the COA decision here), which held 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.

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.