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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.
A belated Seventh Circuit update
We know it has been quite some time since we checked in with the Seventh. Mostly, that’s because the pace of the Court slowed down quite a bit toward the end of the year. We wanted to make this post more substantive, so we’ve combined the last few months into one update. As usual, we’ve tried to focus on cases with potential relevance to state court practitioners and thereby omit several interesting cases about federal procedure or federal statutory interpretation:
COA holds that exclusionary rule does not apply to evidence of defendant’s flight from police after traffic stop was allegedly unlawfully extended.
State of Wisconsin v. Alsherrife Mire, 2024AP2481-CR, 2/4/26, District II (recommended for publication); case activity
In a decision recommended for publication, the COA affirmed the circuit court’s order denying the defendant’s motion to suppress the fruits of his allegedly unlawfully extended traffic stop because evidence of his flight from police was not derived from the stop.
COA finds sufficient evidence of dangerousness and affirms protective placement
Brown County v. M.S., 2025AP1532, 2/3/26, District III (ineligible for publication); case activity
In yet another appeal focusing on Chapter 55’s dangerousness criterion, COA holds that while the County could have done a better job at this hearing, the evidence passes muster on appeal.
COA affirms circuit court’s finding of reasonable suspicion for traffic stop resulting in OWI 3rd
State v. Troy A. Wry, 2023AP561, 2/3/26, District III (ineligible for publication); case activity
Wry appeals his conviction for OWI 3rd, arguing the circuit court erred by denying his motion to suppress evidence because law enforcement lacked reasonable suspicion that Wry had committed, or was committing, an offense sufficient to conduct an investigatory stop of his vehicle. COA affirms.
Defense Win: COA, in decision recommended for publication, finds reverse waiver statute unconstitutional
State v. Noah Q. Mann-Tate, 2024AP2585-CR, 2/3/26, District I (recommended for publication); case activity
In a massively consequential decision, COA reaffirms the uniqueness of children facing criminal charges and finds our notoriously-stringent reverse waiver statute unconstitutional as a result.
COA affirms traffic stop for reasonable suspicion of noise ordinance violation
State v. Jacobe Michael Gimmel, 2025AP1037 & 2025AP1537, 1/29/26, District IV (ineligible for publication); case activity
Gimmel appeals his conviction for OWI 2nd and the revocation of his driver’s license for refusing a chemical test. The sole issue in the consolidated appeal is whether the officer who stopped Gimmel had reasonable suspicion to do so. COA affirms, concluding the officer had reasonable suspicion that Gimmel had violated a local noise ordinance.
SCOTUS reverses decision granting new homicide trial and accepts cert. to review geofence warrants; while Justice Jackson dissents from shutting courthouse door to prison inmates.
In its January 2026 orders, SCOTUS reminds the Fourth Circuit about AEDPA deference in reversing decision ordering a new trial and grants certiorari to determine whether a geofence warrant violates the Fourth Amendment, while Justice Jackson dissents from banning frequent inmate filers from commencing a case without paying the filing fee.
COA rejects novel refusal argument and affirms
State v. Jeffrey Lee Buss, 2025AP392, 1/23/26, District IV (ineligible for publication); case activity
Although Buss makes some interesting arguments as to why he did not “refuse” the requested breath test, COA is unpersuaded and affirms.
COA rejects sufficiency challenge for failure to control vehicle
State v. Jacob T. Thornburg, 2023AP600, 1/21/26, District IV (ineligible for publication); case activity
In an appeal following a bench trial for an alleged violation of the traffic code, COA rejects the pro se appellant’s arguments and affirms.
Defense win: COA holds that court erroneously granted partial summary judgment in TPR
Chippewa County v. C.F., 2025AP1744, 1/21/26, District III (ineligible for publication); case activity
C.F. appeals the order terminating her parental rights to her son, arguing the circuit court erred by granting the county’s motion for partial summary judgment as to grounds. COA agrees that the order denying her visitation did not give adequate notice of the conditions she needed to meet in order to be granted visitation.
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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.