On Point blog, page 1 of 19

COA rejects pro se challenges to restitution, domestic abuse assessment and denial of expungement

State v. Stephen P. Lodwick, 2024AP2013, 9/17/25, District II (one-judge decision; ineligible for publication); case activity

Lodwick appeals, pro se, orders denying his motions for a new trial and reconsideration. He contends that the circuit court erred in denying his motions because he was “in custody” for purposes of Wis. Stat. § 974.06 at the time he filed the motions because he was subject to a civil judgment stemming from the restitution order. He also argues that the restitution order was based on false information and the court erred in imposing the domestic abuse modifier. COA affirms.

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Eastern District holds that a police ruse defeats voluntary consent to search

United States v. Jose Angel Hernandez-Pineda, 25-CR-64 (E.D. Wis. 8/25/25).

In an interesting Fourth Amendment case, the Eastern District holds that officers violated Hernandez-Peneda’s Fourth Amendment rights when they searched his apartment without a warrant and without his voluntary consent.

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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.

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COA, bound by precedent, rejects constitutional challenge involving mandatory minimum CSA charges

State v. Keith Kenyon, 2022AP2228-CR, 9/16/25, District I (recommended for publication); case activity

Although COA is surprisingly candid in acknowledging some of the injustices present in this appeal, the Court ultimately concludes that Kenyon’s constitutional challenge is foreclosed by existing precedent.

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COA orders new trial in CHIPS proceeding because circuit court excluded evidence that respondent executed power of attorney to guarantee child’s care while she was in custody

State v. A.C.S, 2024AP1634, 9/10/25, District II (one-judge decision; ineligible for publication); case activity

The COA reversed the circuit court’s dispositional order entered after a jury found “Anna’s” child was in need of protection or services (CHIPS) and ordered a new trial because the court excluded evidence that Anna executed a power of attorney to guarantee the child’s care while she was in custody.

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Seventh Circuit cases for August

Buckle up! August was a busy month for the 7th, with many interesting cases decided including a defense lawyer telling the jury he believed the child victim during closing arguments, a couple of habeas cases, a discussion on the difference between direct and other acts evidence, false arrest for suspected animal abuse, an interesting decision on counsel’s obligation to litigate unsettled law, and so much more!

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SCOTUS stays district court’s order preventing ICE agents from making investigatory stops without individualized reasonable suspicion

Noem v. Perdomo, USSC No. 25A169, 9/8/2025, Scotusblog page

SCOTUS stayed a district court’s order enjoining immigration agents from conducting stops in the Los Angeles area unless the agent has reasonable suspicion that the person stopped is within the United States in violation of immigration law.

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COA affirms order denying child’s request for change of placement in CHIPS case

Sheboygan County DH & HS v. N.H. & E.H., 2025AP903-FT, 9/10/25, District 2 (one-judge decison; ineligible for publication); case activity

“Luke” appeals from an order denying his request to change his placement back to his father’s home in a CHIPS case. COA affirms.

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COA holds circuit courts may preclude parents from participating virtually at TPR disposition

State v. G.W., 2025AP1214, 9/3/25, District I (ineligible for publication); case activity

G.W. appeals from the circuit court’s order terminating his parental rights to his daughter, arguing that the circuit court denied him due process and erroneously exercised its discretion when it did not allow him to appear virtually at the dispositional hearing. COA affirms.

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OLR revokes license of criminal defense attorney whose conduct led to two clients receiving new trials

OLR v. Peter J. Kovac, 2024AP1511-D, 8/15/25, per curiam decision of the Wisconsin Supreme Court (in its disciplinary capacity).

In a decision overlapping with our focus on criminal appeals, SCOW revokes the license of a criminal defense attorney whose misconduct covers both trial and postconviction representation of two clients.

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