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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
Seventh Circuit Cases for September
September brought a couple of criminal and criminal-adjacent cases including
In fact-intensive TPR appeal, COA rejects numerous creative legal arguments and affirms
State of Wisconsin v. D.R.-R.D.J. 2024AP2406, 10/8/25, District II (ineligible for publication); case activity
In an imposingly lengthy opinion involving an interesting choice of counsel claim (among many others), COA rejects arguments that “Diane” was denied her rights to counsel of choice and to the effective assistance of counsel and affirms.
Publication Orders for July, August and September
As usual, we bring you coverage of COA’s orders regarding publication, this time for July, August and September.
COA affirms summary judgment on grounds to terminate parental rights and upholds discretionary decision that terminating rights in the best interests of children.
Portage County v. Z.D.R., 2025AP1330 & 20205AP1331, 10/2/25, District IV (ineligible for publication); case activity
The COA affirmed the circuit court’s orders terminating Z.D.R.’s parental rights to his two children, finding that summary judgment was appropriate regarding grounds to terminate because there was no factual dispute that he abandoned the children, and that the circuit court did not erroneously exercise its discretion when it found that terminating Z.D.R.’s parental rights was in the best interests of the children.
Defense win: COA holds revocation of NGI acquittee’s conditional release for rule violations under § 971.17(3)(e) is unconstitutional
State v. Desmond J. Wilhite, 2024AP2177-CR, 9/25/25, District IV (recommended for publication); case activity (including briefs)
COA agrees with Wilhite that Wis. Stat. § 971.17(3)(e) is facially unconstitutional to the extent that it permits a circuit court to revoke an NGI acquittee’s conditional release and to commit the acquittee to institutional care based solely on the violation of a court-ordered condition or department rule without proof of current dangerousness. It also concludes that the unconstitutional provisions in § 971.17(3)(e) are severable, and leaves in place the remainder of the statute.
Defense win: In published decision, COA holds that jurors must agree on period of abandonment in TPR
S.S. and L.S. v. A.S.P. and M.P., 2024AP2532, 9/23/25, District III (recommended for publication); case activity
Although COA rejects 2/3 of “Amanda’s” legal arguments, she eventually prevails in a rare plain error win as a result of defective instructions and a defective verdict form with respect to the abandonment ground in this TPR appeal.
COA holds that defendant in forfeiture action is entitled to court costs following DA’s concession and dismissal of case
Dane County v. Jeramiah Bradley, 2025AP172, 9/18/25, District IV (ineligible for publication); case activity
In an unusual turn of events, the State actually conceded its prosecution of Bradley was unsupported under the law. The judge dismissed the case, but denied Bradley’s requests for costs. Although the State puts up a number of arguments to get around paying $381.85 in costs, COA rejects those arguments and reverses.
COA rejects pro se challenges to restitution, domestic abuse assessment and denial of expungement
State v. Stephen P. Lodwick, 2024AP2013, 9/17/25, District II (one-judge decision; ineligible for publication); case activity
Lodwick appeals, pro se, orders denying his motions for a new trial and reconsideration. He contends that the circuit court erred in denying his motions because he was “in custody” for purposes of Wis. Stat. § 974.06 at the time he filed the motions because he was subject to a civil judgment stemming from the restitution order. He also argues that the restitution order was based on false information and the court erred in imposing the domestic abuse modifier. COA affirms.
Defense Win! COA reverses protective placement order on sufficiency and hearsay challenges
Brown County v. K.B., 2024AP1843, District III, 9/16/25 (one-judge decision; ineligible for publication); case activity
COA agrees with “Kathy” that the county failed to present sufficient evidence establishing that she is in continuing need of protective placement, and reverses the ch. 55 order.
Eastern District holds that a police ruse defeats voluntary consent to search
United States v. Jose Angel Hernandez-Pineda, 25-CR-64 (E.D. Wis. 8/25/25).
In an interesting Fourth Amendment case, the Eastern District holds that officers violated Hernandez-Peneda’s Fourth Amendment rights when they searched his apartment without a warrant and without his voluntary consent.
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.