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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 affirms circuit court order for plea withdrawal in yet another TPR burden of proof appeal

State v. D.H., 2025AP2668, 4/10/26, District I (ineligible for publication); case activity

Potentially reviving an issue many may have thought already settled, COA upholds the circuit court’s order for plea withdrawal in a case involving a deficient colloquy regarding the dispositional burden of proof in a TPR case.

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COA rejects attempt to apply Cronic to TPR IAC claim and affirms

State v. V.T., 2025AP1338-40, 3/23/26, District I (ineligible for publication); case activity

In an interesting ineffectiveness appeal, COA confronts clear-cut deficient performance but declines V.T.’s invitation to depart from the Strickland prejudice standard.

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COA applies J.J., again holds failure to file petition and report doesn’t deprive circuit court of competency

Milwaukee County DHHS Aging and Disability Services v. B.C., 2024AP2521, 4/7/26, District I; case activity

Applying its recent decision published decision in Department on Aging v. J.J., COA again holds that the county’s failure to timely file the required petition and report to initiate the annual review does not deprive the circuit court of competency.

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Seventh Circuit finds Wisconsin did not violate plaintiff’s civil rights by denying permit to carry a concealed weapon after court martial conviction for a misdemeanor drug offense.

Kenneth Karwacki v. Josh Kaul, No. 25-2361, 4/2/26

In a brief opinion affirming the district court’s order dismissing the plaintiff’s claims that Wisconsin violated his constitutional rights by denying his application for a permit to carry a concealed firearm, the Seventh Circuit Court provides a primer on the Full Faith and Credit Clause of the Constitution and summarizes recent federal cases addressing Second Amendment challenges to laws prohibiting possessing firearms due to criminal convictions.

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COA: Defendant not entitled to return of property after he was charged with carrying a firearm where alcohol is sold, but charge was dismissed and read in.

State v. Joseph A. Wheat, 2024AP2369-CR, 4/8/26, District II (ineligible for publication); case activity

The COA held that the defendant was not entitled to have his firearm and ammunition returned to him or sold to a third party for his benefit after they were seized by police when he was charged with carrying a handgun where alcohol is sold and consumed.  Although the charge was dismissed and read in, the COA considered the defendant admitted to committing the offense when he agreed to have it dismissed and read in.

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COA finds evidence sufficient for Chapter 55 medication order

Winnebago County v. L.J.F.G., 2025AP2645-FT, 4/8/26, District II (ineligible for publication); case activity

In a rare appeal from an involuntary medication order related to a protective placement order, COA affirms despite some of the County’s missteps.

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7th Circuit reverses Wisconsin defendant’s district court habeas win

Maurice J. Holt v. Gary Boughton, 7th Circuit Court of Appeals No. 24-3346, 3/30/26

Holt was tried and convicted of armed robbery and other crimes after three men entered an apartment and took property at gunpoint. After exhausting his state appeals, Holt sought habeas relief in federal court and the district court granted his petition. The 7th circuit disagrees and reverses. 

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COA: Although plea in TPR appears “questionable,” parent did not prove manifest injustice meriting plea withdrawal

State v. B.A.J., 2025AP1476-77, 4/2/26, District I (ineligible for publication); case activity

In a case that demonstrates the high burden that parents must satisfy to withdraw their pleas, COA affirms despite also acknowledging the “questionable” nature of this mentally ill parent’s plea.

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Seventh Circuit: Plaintiff alleged viable claim that civil rights were violated if officers entered home to arrest him based on a temporary felony want, but without a warrant.

Ryan W. Milbeck v. Allison George, et al., Seventh Circuit Court of Appeals No. 25-1061, 3/30/26 (per curiam)

Ryan Milbeck filed a federal civil suit alleging the defendants – including the Village of Rothschild, Kenosha County, and individual law enforcement officers – violated his civil rights by entering his home and arresting him without a warrant or probable cause.  Milbeck appealed the district court’s order dismissing all claims because the officers had probable cause to arrest Milbeck and some of the defendants were entitled to absolute immunity.  (Slip op. at p. 2).  Although the case primarily concerned the pleading requirements for federal civil rights claims, which are beyond this publication’s purview, the Seventh Circuit provided a useful primer on Wisconsin’s temporary felony want procedure.

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COA: Restitution properly awarded to disorderly conduct victim where defendant fled in and did not return car jointly owned with victim.

State v. Alexander C. Beaver, 2025AP1768-CR, 4/1/26, District II (ineligible for publication); case activity

The COA affirmed the circuit court’s award of restitution to a disorderly conduct victim where the defendant fled the scene in a vehicle jointly owned by the victim and the defendant and did not return the vehicle.

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