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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.

COA rejects challenges to TPR dispositional order and affirms

Jefferson County DHS v. G.J.J., 2025AP2491, 3/5/26, District IV (ineligible for publication); case activity

While G.J.J. gets closer than most–and his arguments even give COA “pause”–ultimately, the deferential standard of review applicable to dispositional decisions results in affirmance.

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Defense win: COA reverses guardianship med order

Grant County Dept of Social Services v. D.G.N., 2025AP2382, 2/27/26, District IV (ineligible for publication); case activity

In this appeal limited to the validity of an order for the involuntary administration of psychotropic medication in a guardianship case, COA holds that the county failed to meet two of the Wis. Stat. § 55.14(3) requirements.

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SCOW reverses COA in 971.14 med order appeal, decides standard of review for Sell factors, limits Green’s applicability, and declines to resolve several issues

State v. J.D.B., 2026 WI , 2/25/26, reversing a published court of appeals opinion; case activity

SCOW reverses the COA, holding , clarifies the standard of review for each of the Sell factors, holds that Green is overruled to the extent that it “require[d] each and every piece of information it lists” and declines to decide several issues.

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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.

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COA: Reasonable suspicion for traffic stop after report to police that vehicle hit road barrier and officer observed “unusual” driving behavior

State of Wisconsin v. Jonathan G. Berbaum, 2025AP1380-CR, 2/25/26, District II (ineligible for publication); case activity

The COA affirmed the circuit court’s order denying the defendant’s motion to suppress the fruits of a traffic stop, which included evidence that led to his conviction for operating a vehicle while intoxicated as a third offense.  The COA found that a witness’s report that a vehicle hit a barrier, combined with the defendant’s erratic driving, provided reasonable suspicion to suspect the driver was operating while intoxicated.

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SCOW holds that ESP was not acting as government agent when it scanned files for CSAM

State v. Andreas W. Rauch-Sharak, 2026 WI 4, 2/24/26, on certification from the court of appeals; case activity

SCOW holds that Google’s search of Rauch-Sharak’s files was a private search, slightly clarifies that legal test, and affirms.

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Defense win: Circuit court erred in sua sponte vacating plea after state alleged breach of agreement

State v. Timothy Lester Troon, Jr., 2024AP110-CR, 2/19/26, District IV (not recommended for publication); case activity

Troon appeals his OWI 5th conviction and an order denying his postconviction motion, in which he argued that the circuit court erred in sua sponte vacating his first plea and judgment of conviction based on a disagreement between the parties about the joint sentencing recommendation that followed the court’s acceptance of his plea. COA agrees, vacating the conviction, reinstate Troon’s first plea and JOC, and remanding for resentencing.

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Defense win: COA suppresses evidence from warrantless blood draw, vacates OWI conviction

State v. Brandon J. Taff, 2024AP373, 2/17/26, District III (ineligible for publication); case activity

COA reverses Taff’s conviction on the basis that his warrantless blood draw was not justified by exigent circumstances, and therefore should have been suppressed.

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COA dismisses appeal for lack of jurisdiction where one count is not “final” due to deferred judgment agreement.

State of Wisconsin v. Gustin J. King, 2024AP2064-CRNM, 2/18/26, District II (recommended for publication) (per curiam); case activity

The COA, in the first published decision on the issue, holds that it does not have jurisdiction to review a judgment of conviction when one or more of the criminal counts is unresolved due to the existence of a deferred judgment agreement (DJA).

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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.

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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.