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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.

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.

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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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COA: Circuit court properly exercised its discretion in its evidentiary rulings at trial on grounds to terminate parental rights.

State v. D.J., 2025AP1334 and 1335, 9/16/25, District I (one-judge decision; ineligible for publication); case activity

Over the respondent’s evidentiary objections, the COA affirmed the circuit court’s orders terminating D.J.’s parental rights to two of her children.

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COA, bound by precedent, rejects constitutional challenge involving mandatory minimum CSA charges

State v. Keith Kenyon, 2022AP2228-CR, 9/16/25, District I (recommended for publication); case activity

Although COA is surprisingly candid in acknowledging some of the injustices present in this appeal, the Court ultimately concludes that Kenyon’s constitutional challenge is foreclosed by existing precedent.

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Eastern District holds that investigators violated 4th Amendment when they viewed suspected child pornography identified via “hash matching;” holds that good faith does not apply

United States of America v. Peter Braun, 24-CR-164 (E.D. Wis. 9/3/25).

In an interesting Fourth Amendment case, the Court holds that law enforcement violated Braun’s rights when it viewed suspected child pornography without a search warrant when that child pornography had not been previously viewed by an employee of an ESP.

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COA holds that stipulation forecloses challenge to lack of expert testimony at protective placement hearing; evidence otherwise sufficient

V.K. v. D.J.F., 2024AP2028, 9/10/25, District II (ineligible for publication); case activity

COA ducks a recurrent issue as to whether expert testimony is required to prove the grounds for a protective placement and otherwise affirms the circuit court’s order granting this privately-filed petition for protective placement.

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COA orders new trial in CHIPS proceeding because circuit court excluded evidence that respondent executed power of attorney to guarantee child’s care while she was in custody

State v. A.C.S, 2024AP1634, 9/10/25, District II (one-judge decision; ineligible for publication); case activity

The COA reversed the circuit court’s dispositional order entered after a jury found “Anna’s” child was in need of protection or services (CHIPS) and ordered a new trial because the court excluded evidence that Anna executed a power of attorney to guarantee the child’s care while she was in custody.

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Seventh Circuit cases for August

Buckle up! August was a busy month for the 7th, with many interesting cases decided including a defense lawyer telling the jury he believed the child victim during closing arguments, a couple of habeas cases, a discussion on the difference between direct and other acts evidence, false arrest for suspected animal abuse, an interesting decision on counsel’s obligation to litigate unsettled law, and so much more!

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SCOTUS stays district court’s order preventing ICE agents from making investigatory stops without individualized reasonable suspicion

Noem v. Perdomo, USSC No. 25A169, 9/8/2025, Scotusblog page

SCOTUS stayed a district court’s order enjoining immigration agents from conducting stops in the Los Angeles area unless the agent has reasonable suspicion that the person stopped is within the United States in violation of immigration law.

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COA affirms order denying child’s request for change of placement in CHIPS case

Sheboygan County DH & HS v. N.H. & E.H., 2025AP903-FT, 9/10/25, District 2 (one-judge decison; ineligible for publication); case activity

“Luke” appeals from an order denying his request to change his placement back to his father’s home in a CHIPS case. COA affirms.

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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.