On Point blog, page 1 of 22
SCOTUS issues per curiam opinion concluding officer had reasonable suspicion for seizure
D.C. v. R.W., USSC No. 25-248, 2/25/2025, reversing In re R.W., 334 A.3d 593 (D.C. 2025); Scotusblog page (with links to briefs)
SCOTUS reverses DC Court of Appeals decision that an officer stopped R.W. without reasonable suspicion and in violation of the Fourth Amendment based on the totality of the circumstances.
SCOW’s stance on domestic violence splits court in OLR appeal
OLR v. Osman A Mirza, 2023AP2369-D, 4/15/26, per curiam decision of the Wisconsin Supreme Court (in its disciplinary capacity).
In a decision that demonstrates the overlap between the criminal justice and OLR disciplinary systems, SCOW’s decision to revoke this lawyer’s license for engaging in a pattern of domestic violence triggers a 4-3 split.
Defense win: COA affirms circuit court order for plea withdrawal in yet another TPR burden of proof appeal
State v. D.H., 2025AP2668, 4/10/26, District I (ineligible for publication); case activity
Potentially reviving an issue many may have thought already settled, COA upholds the circuit court’s order for plea withdrawal in a case involving a deficient colloquy regarding the dispositional burden of proof in a TPR case.
Seventh Circuit finds Wisconsin did not violate plaintiff’s civil rights by denying permit to carry a concealed weapon after court martial conviction for a misdemeanor drug offense.
Kenneth Karwacki v. Josh Kaul, No. 25-2361, 4/2/26
In a brief opinion affirming the district court’s order dismissing the plaintiff’s claims that Wisconsin violated his constitutional rights by denying his application for a permit to carry a concealed firearm, the Seventh Circuit Court provides a primer on the Full Faith and Credit Clause of the Constitution and summarizes recent federal cases addressing Second Amendment challenges to laws prohibiting possessing firearms due to criminal convictions.
COA upholds Act 79 vehicle search where officer seized suspect while performing community caretaking function and subsequently developed reasonable suspicion of drug use
State of Wisconsin v. Brandon L. Strickland, 2024AP2376-CR, 3/17/26, District III (not recommended for publication); case activity
The COA determined that law enforcement’s community caretaking function justified an officer to direct a person out of his vehicle after the officer found the person asleep at the wheel while the car was parked in his driveway. And because the officer developed reasonable suspicion that the suspect used and possessed a controlled substance and was on probation, the officer lawfully searched the vehicle under Act 79.
COA: Collateral attack on prior OWI must allege defendant did not know potential penalties even if plea colloquy was defective; affiant requesting warrant for blood draw need not have witnessed arrest.
State of Wisconsin v. Jonathon L. Sundermeyer, 2024AP2007-CR, 3/3/26, District III (not recommended for publication); case activity
The COA concludes a defective plea colloquy was not sufficient to collaterally attack the defendant’s prior OWI conviction where the defendant did not establish he was unaware of the potential penalties for his prior conviction. The COA also determined an officer’s affidavit in support of a blood draw complies with the constitutional requirement for an an affidavit to be supported by oath or affirmation where the officer was not present when the defendant was arrested for operating while intoxicated (OWI) but relied on information from an officer who was present.
SCOW reverses COA in 971.14 med order appeal, decides standard of review for Sell factors, limits Green’s applicability, and declines to resolve several issues
State v. J.D.B., 2026 WI , 2/25/26, reversing a published court of appeals opinion; case activity
SCOW reverses the COA, holding , clarifies the standard of review for each of the Sell factors, holds that Green is overruled to the extent that it “require[d] each and every piece of information it lists” and declines to decide several issues.
SCOTUS holds that trial court may limit discussion between defendant and counsel during overnight trial recess about defendant’s testimony for its own sake but not about issues incidental to testimony.
Villarreal v. Texas, USSC No. 24-557, 2/25/2025, affirming Villarreal v. State, 707 S.W.3d 138 (Tex. Crim. App. 2024) ; Scotusblog page (with links to briefs and commentary)
SCOTUS holds that testifying criminal defendant may be prohibited by trial court from conferring with defense counsel during an overnight recess about testimony for its own sake but not about matters incidental to testimony.
COA holds that costs to investigate crime are recoverable as restitution, but not attorney fees.
State of Wisconsin v. Mary E. Melstrom, 2023AP1176-CR, 2/17/26, District III (ineligible for publication); case activity
The COA affirmed a restitution award to cover the victim insurance company’s costs of investigating the cause of a house fire that was the subject of the defendant’s criminal charge but reversed the award for the victim’s attorney fees.
A belated Seventh Circuit update
We know it has been quite some time since we checked in with the Seventh. Mostly, that’s because the pace of the Court slowed down quite a bit toward the end of the year. We wanted to make this post more substantive, so we’ve combined the last few months into one update. As usual, we’ve tried to focus on cases with potential relevance to state court practitioners and thereby omit several interesting cases about federal procedure or federal statutory interpretation: