On Point blog, page 2 of 24
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.
OP is back up and running!
Due to some IT issues, we’ve gone dark these last few weeks. Don’t worry–we’ve been caching posts for when we recovered access. Posts will be coming out fast and furious given the pace of decisions throughout our appellate courts, so keep an eye out here for new developments!
COA affirms juvenile adjudication, finds that juvenile’s writings were “true threats”
State v. I.T.S., 2025AP2517, 6/17/26, District II (ineligible for publication); case activity
Although I.T.S. argues that his writings composed during an in-school suspension were private and not true threats for the purposes of the First Amendment, COA affirms.
COA affirms remedial sanction entered against attorney in CHIPS cases
Yacoub v. St. Croix County, 2023AP758, 759, 760, 761 & 762, 5/27/26, District III (ineligible for publication) case activity.
COA affirms judgment requiring Attorney Sarah Yacoub to pay $4,663.03 in costs and attorney fees as a remedial sanction after the circuit court found her in contempt for intentionally disclosing confidential information from 5 CHIPS cases.
SCOW accepts state’s petition on COA’s new trial grant for IAC in Len Bias case
State v. Samuel R. Osornio, 2024AP2368-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity
This is a Len Bias case in which the COA granted a new trial on the basis that Osornio showed there was at least a reasonable probability that he would not have been convicted of reckless homicide if the jury had been properly instructed from the start. SCOW will determine the burden of proof and whether COA diluted the reasonable probability standard for the prejudice prong of Osornio’s ineffective assistance of counsel claim.
Seventh Circuit cases for February, March and April
The last several months brought some interesting cases, including several non-Wisconsin habeas appeals, a Wisconsin-originating challenge to a law criminalizing the possession of a firearm by a felon, the distinction between “l” and “d” meth, a few Fourth Amendment issues and some Wisconsin-originating § 1983 claims that might be interesting to at least some of our readers.
COA rejects challenges to TPR dispositional order
Brown County Health &Human Services v. J.L., 2026AP176, 5/1/26, District III (ineligible for publication); case activity
“Julie” challenges the circuit court’s exercise of discretion at disposition as to two factors of consideration. However, the deferential standard of review applicable to dispositional decisions results in affirmance.
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.