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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 holds blood draw results admissible under independent source doctrine

State v. Michael R. Meton, 2025AP141-CR, 8/27/25, District II (one-judge decision; ineligible for publication); case activity

Meton challenges the judgment convicting him of operating with a prohibited alcohol content, 2nd offense. He argues that the circuit court erred in denying his motion to suppress the blood result after police administered a preliminary breath test without first asking for his consent. COA agrees with the circuit court that suppression of the blood draw because police had independent grounds apart from the PBT to arrest Meton on suspicion of operating while intoxicated.

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COA: Defendant forfeits argument for discovery violation because no objection made at trial

State v. Rebecca Lea Kamm, 2024AP1944-CR, 8/28/25, District IV (ineligible for publication); case activity

The COA held that the defendant forfeited her argument that the State did not comply with Wis. Stat. § 971.23(1) by not disclosing to her counsel video evidence within a reasonable time before trial.  Although the evidence was not provided to counsel until the morning of trial, the issue was forfeited because counsel did not object to its admission.

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COA rejects challenges to involuntary commitment and medication orders

Brown County v. M.J., 2025AP116, 8/26/25, District III (ineligible for publication); case activity

In a Chapter 51 appeal presenting familiar legal challenges, COA avoids some of the stickier legal issues on a path toward affirmance.

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COA rejects challenge to protective order in TPR under forfeiture doctrine

State of Wisconsin v. S.L.L., 2024AP551, 8/26/25, District I (ineligible for publication); case activity

S.L.L. failed to preserve an objection to a protective order as to the identity of the proposed adoptive resource, leading to a quick affirmance from COA.

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Defense wins: COA reverses protective placement due to insufficiency of the evidence

Wood County v. J.A.B., 2025AP220, 8/21/25, District IV (ineligible for publication); case activity

The COA reversed the circuit court’s order for protective placement because the County did not establish that J.A.B. was so totally incapable of providing for her own care as to create a substantial risk of serious harm to herself or others.

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COA rejects “impermissible extension” challenge to traffic stop in OWI appeal

Fond du Lac County v. Andrew Joseph Ludwig, 2025AP183, 8/20/25, District II (one-judge decision; ineligible for publication); case activity

Ludwig appeals from a judgment convicting him of OWI 1st, and challenges the order denying his suppression motion. He contends that the sheriff deputies “unconstitutionally detain[ed him]” by failing to conduct the OWI investigation in a sufficiently diligent manner. COA disagrees and affirms.

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COA rejects arguments that admission to grounds was not knowingly, intelligently and voluntarily entered, factual basis was insufficient, and trial counsel was ineffective in TPR appeal

Crawford County v. M.W., 2025AP302, 8/14/25, District IV (ineligible for publication); case activity

Despite concluding that M.W.’s plea colloquy was “lacking in certain respects” on the circuit court’s part, COA holds that the record supports the court’s postdisposition conclusion that M.W. knowingly, intelligently, and voluntarily entered his admission. COA also rejects M.W.’s arguments that the county failed to establish a factual basis and that trial counsel was ineffective.

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In complex statutory construction case, COA clarifies authority of DNR wardens to conduct OWI investigation

State v. John R. Phelan,  2024AP777-CR, 8/14/25, District IV (recommended for publication); case activity

In a very complex analysis of the statutes which empower DNR wardens, COA holds that the warden in this case had authority to seize Phelan for suspected littering, validly detained him after obtaining probable cause that he possessed THC, but violated the law by conducting an investigation into an OWI.

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COA concludes testimony alone, with no physical evidence, is sufficient to affirm conviction for driving faster than was reasonable and prudent.

Dane County v. Trent Joseph Meyer, 2024AP1630, 8/14/25, District IV (ineligible for publication); case activity

The COA affirmed a conviction for driving faster than was reasonable and prudent under the conditions where the defendant drove 20 miles-per-hour above the speed limit and came “close” to other cars’ bumpers. 

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Defense win! Retrial after mistrial declared over defendant’s objection violates double jeopardy

Mitchell D. Green v. Milwaukee County Circuit Court, Appeal No. 24-2980 (7th Cir. Aug. 1, 2025).

Midway through Mitchell Green’s trial, the state moved for a mistrial, and the circuit court granted the state’s motion over Green’s objection. Ultimately, the Wisconsin Supreme Court concluded that the trial judge exercised sound discretion. The 7th Circuit now holds that retrying Green would violate the Double Jeopardy Clause, as a mistrial could have been avoided; i.e., a mistrial was not “manifestly necessary.”

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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.