On Point blog, page 1 of 133
In 5-1-1 decision, SCOW affirms COA decision rejecting domestic violence victim’s invocation of coercion defense
State v. Joan L. Stetzer, 2025 WI 34, 7/3/25, affirming an unpublished decision from COA; case activity
Faced with a unique fact pattern arising from an OWI prosecution, SCOW interprets Wisconsin’s coercion defense and finds that Stetzer is unable to prevail, regardless of the clearly sympathetic facts presented.
SCOW affirms circuit court’s authority to reinstate previously dismissed conviction under 346.63(1)
State v. Carl L. McAdory, 2025 WI 30, 7/1/25, case activity
A unanimous SCOW held that the circuit court had authority under Wis. Stat. 346.63(1)(c) to reinstate Carl McAdory’s conviction for operating a vehicle with a restricted controlled substance in his blood, which was dismissed when he was also convicted of operating a motor vehicle under the influence of a controlled substance that arose out of the same incident or occurrence, after the OWI conviction was vacated on appeal. The Court also rejected McAdory’s claims that the State forfeited the right to seek reinstatement by not raising the issue on his appeal from his OWI conviction, that the circuit court did not comply with the COA’s mandate, and that he was subjected to double jeopardy.
SCOW: Four justices signal willingness to revisit precedent governing statutory interpretation
Service Employees International Union Healthcare Wisconsin v. Wisconsin Employment Relations Commission, 2025 WI 29, 6/27/25, on bypass from the court of appeals; case activity
In a unanimous non-criminal appeal, four justices issue a concurrence signaling their willingness to revisit Wisconsin’s method of statutory construction as set forth in Kalal.
In a decision accusing referee of “victim-blaming,” SCOW rejects proposed disciplinary sanction and revokes license of former prosecutor
OLR v. Daniel P. Steffen, 2023AP1511-D, 7/1/25, per curiam decision of the Wisconsin Supreme Court (in its disciplinary capacity).
In a decision of potential interest to criminal practitioners, SCOW revokes the license of a prosecutor who has been criminally sentenced for sex crimes.
SCOW reverses defense win on speedy trial violation, overrules Borhegyi, and holds that 46-month delay did not violate federal constitution
State v. Luis A. Ramirez, 2025 WI 28, 6/27/25, reversing a published decision from COA; case activity
When this case was issued in COA, we got excited and informed our readers that this “big defense win” was an important decision on the speedy trial right. However, SCOW now unanimously reverses in favor of the State.
SCOW holds statistical evidence alone does not violate Haseltine rule
State v. Jobert L. Molde, 2025 WI 21, 6/13/25, reversing COA’s authored, unpublished opinion; case activity
SCOW considers whether an expert witness violated Haseltine‘s anti-vouching rule when she testified that only around one percent of child sexual assault disclosures are false without offering an opinion on whether the victim in this case was telling the truth. A unanimous court overrules Mader and any other court of appeals case that holds statistical evidence alone violates the Haseltine rule.
SCOW relies on deferential standard of review to reject allegation that Zoom procedure violated defendant’s due process rights
State v. Kordell Grady, 2025 WI 22, 6/13/25, affirming COA’s summary disposition order; case activity
Although SCOW presumably took this case to clarify the rules of Zoom court–and the oral argument focused intensely on such questions–SCOW ultimately opts to issue a decision which makes no substantive law and denies relief based on what it claims is a deferential review of the circuit court’s factual findings.
SCOW clarifies that law protecting employees from discrimination based on arrest records applies to non-criminal offenses
Oconomowoc School District v. Cota., 2025 WI 11, 4/10/25
In a case tangentially related to defense practice, SCOW clarifies that a Wisconsin statute prohibiting employment discrimination based on arrest records applies to non-criminal offenses, such as an allegation of theft prosecuted in municipal court.
SCOW issues two opinions clarifying aspects of appellate procedure
In a set of non-criminal opinions, SCOW issues new guidance on the commonly-invoked rule that COA is not at liberty to disagree with its own precedents and also takes another run at clarifying when a final order is truly “final” for the purposes of appeal.
SCOW grants review of per curiam defense win in revocation case
State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, petition for review of a per curiam court of appeals decision, granted 11/12/24; affirmed 7/3/25; case activity (including briefs)
The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and Sellers asked the COA to affirm DHA’s original decision not to revoke Sellers’s probation. The COA agreed with DHA and Sellers, reversing the circuit court’s order and affirming DHA’s decision not to revoke Sellers’s probation. DOC petitioned for review.