On Point blog, page 2 of 22
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:
COA holds that exclusionary rule does not apply to evidence of defendant’s flight from police after traffic stop was allegedly unlawfully extended.
State of Wisconsin v. Alsherrife Mire, 2024AP2481-CR, 2/4/26, District II (recommended for publication); case activity
In a decision recommended for publication, the COA affirmed the circuit court’s order denying the defendant’s motion to suppress the fruits of his allegedly unlawfully extended traffic stop because evidence of his flight from police was not derived from the stop.
Defense Win: COA, in decision recommended for publication, finds reverse waiver statute unconstitutional
State v. Noah Q. Mann-Tate, 2024AP2585-CR, 2/3/26, District I (recommended for publication); petition for review granted 5/20/26 case activity
In a massively consequential decision, COA reaffirms the uniqueness of children facing criminal charges and finds our notoriously-stringent reverse waiver statute unconstitutional as a result.
COA relies on testimony from initial commitment hearing and judicial notice of CCAP records to affirm ch. 51 recommitment
Columbia County v. T.R.B., 2025AP1972, 1/8/26, District IV (ineligible for publication); case activity
T.R.B. argues on appeal that the dangerousness evidence at the recommitment hearing was inadmissible hearsay, that the circuit court relied on that inadmissible hearsay in making its factual findings, and that with the hearsay evidence properly excluded, the county did not present sufficient evidence of his dangerousness. COA rejects his challenges, concluding that there was sufficient nonhearsay evidence in the record but looking to testimony from the initial commitment and taking judicial notice of outside facts.
COA clarifies “serious crime” factor in involuntary med challenges; rejects challenges to treatment plan and affirms
State v. B.M.T., 2025AP1745-50, 11/21/25, District II (recommended for publication); case activity
In this appeal from an involuntary medication order, COA provides additional guidance as to how the “seriousness” of a crime is determined and rejects a challenge that the medication plan was insufficiently individualized.
In surprise PFR grant, SCOW indicates it will review requirements applicable to annual protective placement reviews
Racine County v. R.P.L., , 2025AP813-FT, petition for review of a unpublished decision of the court of appeals, granted 11/17/25
In a surprise grant outside the usual petition conference cycle, SCOW accepts review of a case involving the evidentiary requirements for an annual review of a protective placement issue.
COA approves ban on social media as condition of extended supervision in a decision recommended for publication.
State v. Jonathan James Petersen, 2024AP581-CR, 11/19/25, District II (recommended for publication); petition for review granted 5/20/26; case activity (including briefs)
The COA recommended publication of its decision to affirm a ban on social media as a condition of extended supervision for a defendant convicted of stalking, false imprisonment, and making terrorist threats.
SCOW grants review to address collateral consequences as applied to ch. 51 mootness
Waukesha County v. R.D.T., 2024AP1390, petition for review of an unpublished decision of the court of appeals, granted 11/17/25; case activity
SCOW granted R.D.T.’s petition for review to address: 1) whether the appeal from his recommitment is moot where the commitment expired but he remained liable for the costs of care and subject to a firearm ban; and 2) whether the circuit court made sufficient factual findings grounded in admissible evidence to support R.D.T.’s recommitment.