On Point blog, page 1 of 24
Seventh Circuit Update Part 1: Cases from July
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.
SCOW accepts case calling into question Gramza holding
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.
SCOW grants review to address whether odor of cannabis alone establishes probable cause
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.
Defense Win: COA affirms circuit court order suppressing blood test
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.
COA once again creates questions about the proper application of D.J.W. in recommitment appeals
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.
7th Circuit Cases for May and June
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.
SCOW holds criminal courts cannot order involuntary medication of a defendant committed for purposes of competency restoration on basis of dangerousness
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.
SCOTUS issues another Second Amendment decision invalidating Hawaii’s restriction on carrying of arms
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.
COA, in published decision, further clarifies that not every plea colloquy defect merits a Bangert hearing
State v. Terral Dontae Wallace, 2024AP2150-CR, 6/23/26, District III (recommended for publication); errata issued and revised opinion issued 8/13/26; case activity
Although there is no dispute that the circuit court failed to advise Wallace of a presumptive minimum sentence during the plea colloquy, the court of appeals determines that no evidentiary hearing is required and affirms.
COA finds evidence sufficient, rejects DJW argument, and affirms 51 extension order
Winnebago County v. T.R.A., 2025AP2428, 6/24/26, District II (ineligible for publication); case activity
COA rejects T.R.A.’s reading of the statutory requirements, finds ample evidence of dangerousness, and affirms.