On Point: 1. Principles of

State v. John R. Phelan,  2024AP777-CR, 8/14/25, District IV (recommended for publication); case activity

In a very complex analysis of the statutes which empower DNR wardens, COA holds that the warden in this case had authority to seize Phelan for suspected littering, validly detained him after obtaining probable cause that he possessed THC, but violated the law by conducting an investigation into an OWI.

State v. Carl L. McAdory, 2025 WI 30, 7/1/25, case activity

A unanimous SCOW held that the circuit court had authority under Wis. Stat. 346.63(1)(c) to reinstate Carl McAdory’s conviction for operating a vehicle with a restricted controlled substance in his blood, which was dismissed when he was also convicted of operating a motor vehicle under the influence of a controlled substance that arose out of the same incident or occurrence, after the OWI conviction was vacated on appeal.  The Court also rejected McAdory’s claims that the State forfeited the right to seek reinstatement by not raising the issue on his appeal from his OWI conviction, that the circuit court did not comply with the COA’s mandate, and that he was subjected to double jeopardy.

S.G. v. Wisconsin DCF, 2024AP472, 4/3/25, District IV (recommended for publication); case activity

In a unique CHIPS appeal, COA clarifies the proper role of corporation counsel when another party files a CHIPS petition.

State v. Walter L. Johnson, 2024AP79-CR, 2/13/25, District IV (recommended for publication); case activity

In a case resolving a hot issue for OWI litigators, COA rejects challenges to an RCS prosecution based on the chemical difference between “L meth”–found in certain nasal decongestant sprays–and “D meth,” which is found in illicit street drugs.

State v. Cordiaral F. West, 2022AP2196, 5/1/24, District II (recommended for publication); case activity

COA interprets a statute allowing aggregation of separate drug offenses into a single charge and holds that West is not entitled to plea withdrawal.

State v. Jonathon S. Geiger, 2022AP1270-CR, District III, 7/11/23, not recommended for publication; case activity (briefs available)

Geiger argues the circuit court erroneously ordered him to pay extradition costs in connection with a sentencing after revocation hearing. COA rejects his statutory construction arguments and affirms.

Lora v. United States, USSC No. 22-49, 2023 WL 4034313 (June 16, 2023), vacating and remanding United States v. Lora, unreported summary order (2d Cir. Feb. 15, 2022); Scotusblog page (including links to briefs and commentary)

Resolving a circuit split, a unanimous Supreme Court engages in a plain-language reading of a statute requiring a judge to impose a consecutive sentence for certain crimes and holds the statute does indeed mean what it says, and no more.

Dubin v. United States, USSC No. 22-10, 2023 WL 3872518 (June 8, 2023), vacating and remanding United States v. Dubin, 27 F.4th 1021 (5th Cir. 2022); Scotusblog page (including links to briefs and commentary)

Faced with competing interpretations of a penalty enhancement statute, the Supreme Court adopts the narrower interpretation based on both a careful reading of the language and context of the statute and its “tradition[] of “exercis[ing] restraint in assessing the reach of a federal criminal statute.” (Slip op. 17).

Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission, 2023 WI 38, 5/16/23, on certification from the court of appeals; case activity (including briefs)

In a 6-1 opinion, SCOW held that the ballot question for Marsy’s law complied with Wis. Const. art. XII §1. That’s the old news. The new and BIG news is Justice Dallet’s concurrence. It is essential reading for lawyers arguing constitutional or statutory construction issues to SCOW. She, Karofsky, and A.W. Bradley say that they are not bound by “methodologies” for interpreting constitutions and statutes–specifically “originalism” or strict adherence to the “plain language”–that SCOW has used in some past cases. If Justice-elect Protasiewicz agrees, we may soon see some defense-friendly constructions of our constitution and statutes.

State v. Tisha Lee Love, 2022AP1422, 12/30/22, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Love appeals a jury verdict rendered against her for driving 87 miles per hour in a 55 zone.