On Point: Uncategorized

Dane County v. L.A.E., 2026AP906, 9/17/26, District IV (ineligible for publication); case activity

The COA affirmed continuing L.A.E.’s protective placement over his objections that the County did not prove he had a primary need for residential care and custody and that his debilities created a substantial risk of serious harm to himself or others.

August was another busy month. As usual, we’ve tried to pull those cases with the clearest relevance to our mostly state-court practicing readers. This month featured a rare defense win on other-acts, a window tint stop case, and a bizarre jury misconduct case involving an over-prepared foreperson among other interesting topics.

It’s September, so that leaves us asking the usual question: What happened to the summer? It turns out that July and August were busy months for the Seventh, so we’ll be updating readers in two installments. We will also be posting separately on the big defense win with respect to AI child porn. This installment features discussion of whether those previously involuntarily committed can possess guns, the contractual interpretation of plea bargains, and a smattering of Fourth Amendment cases.

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. 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 of Wisconsin v. Jorge Luis Perez-Aldape, 2026AP642-CR, 7/29/26, District II (ineligible for publication); case activity

In a unique OWI case, COA relies on SCOW guidance to uphold the circuit court’s order suppressing blood evidence due to a failure to read the person the Informing the Accused Form.

Winnebago County v. J.S., 2025AP1865, 7/8/26, District II (ineligible for publication); case activity

In a recommitment appeal alleging a lack of sufficient findings, COA invokes a somewhat novel legal theory to excuse an oral ruling that it agrees could have been more thorough.

The last two months brought a number of interesting cases including a challenge to a Dropbox search, some 4A cases, a coroner keeping mementos from the bodies of crime victims and a would-be pornographer claiming he lacked knowledge his victim was 16.

State v. N.K.B., 2026 WI 22, 6/26/26, affirming a published decision of the court of appeals; case activity

SCOW holds that criminal courts cannot order involuntary medication of a defendant committed for purposes of competency restoration on the basis that he or she is dangerous.

Wolford v. Lopez, USSC No. 24-1046, 6/25/2026, reversing a decision of the 9th Circuit, Scotusblog page (with links to briefs and commentary)

In another contentious 2nd Amendment case, SCOTUS provides more information for litigators seeking to apply the newer test for evaluating challenged firearm regulations.