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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 affirms TPR order, rejects arguments premised on “substantial likelihood” question for continuing CHIPS as undeveloped and forfeited
Kenosha County v. V.L.W., 2025AP1914, 11/12/25, District II (ineligible for publication); case activity
COA rejects “Victor’s” arguments on appeal, which are all based on the continuing CHIPS “substantial likelihood” provision applying in his case. COA concludes that Victor did not prove this provision, which requires that the has been placed outside the home for less than 15 of the most recent 22 months, should apply.
In case involving unique application of “once waived, always waived” COA holds that “previous violation” doesn’t mean a violation that occurred previously
State v. A.A., 2025AP1907, 11/10/25, District II (ineligible for publication); case activity
In a case involving a unique waiver posture, COA concludes that the circuit court correctly interpreted the statutes when it used a waiver decision in another county to exempt A.A. from juvenile jurisdiction.
COA affirms denial of suppression motion in OWI 3rd case based on concession
State v. Richard T. Weske, 2025AP154-CR, 11/5/25, District II (ineligible for publication); case activity
Weske appeals the circuit court’s denial of his motion to suppress evidence on the basis that the investigatory traffic stop constituted an unreasonable seizure because the officer was outside his jurisdiction and was therefore without authority to conduct the stop. COA affirms, concluding that the officer had reasonable suspicion to conduct a traffic stop for a suspected OWI, and Weske conceded that the officer had the authority to do so outside his jurisdiction under Wis. Stat. § 349.03(4).
COA critiques Gramza but extends its holding to apply to § 973.195 petitions for sentence adjustment
State v. Angela R. Joski, 2023AP1371-CR, 10/29/25, District II (recommended for publication); case activity
The state appealed Joski’s early release under Wis. Stat. § 973.195, arguing that pursuant to State v. Gramza, 2020 WI App 81, ¶24, 395 Wis. 2d 215, 952 N.W.2d 836, Joski must fully serve the mandatory minimum three-year term of initial confinement prescribed by Wis. Stat. § 346.65. COA agrees due to Gramza‘s interpretation, and reverses.
Defense Win: COA reverses order extending involuntary commitment.
Trempealeau County v. S.K., 2025AP645, 11/4/25, District III (ineligible for publication); case activity
The COA reversed the circuit court’s order to extend “Sharon’s” involuntary commitment. Although the County presented evidence that Sharon would stop taking medication to treat her schizophrenia if she were not committed, the evidence to support her current dangerousness was conclusory.
Defense Win: COA clarifies defense of others doctrine and holds erroneous instructions merit new trial
State v. Tommy Jay Cross, 2023AP2013-CR, 11/4/25, District III (recommended for publication); case activity
In an opinion that might remind some readers of their first year of law school, COA outlines the basic principles of Wisconsin’s self-defense doctrine and holds that the jury was given inaccurate instructions on the subject as it pertains to defense of others.
Defense win: COA reverses order continuing protective placement
La Crosse County and S.A.A. v. M.A., 2025AP269, 10/30/25, District IV (ineligible for publication); case activity
In yet another protective placement win, COA agrees that the County’s evidence failed to satisfy the standards and reverses.
COA: Licensed hemp processor may be prosecuted for controlled substance offenses without referral from administrative agency that regulates hemp industry
State v. Christopher J. Syrrakos & Kristyn A. Shattuck, 2024AP554 & 2024AP556, 10/29/25, District II (recommended for publication); case activity (including briefs)
The COA held, in a decision recommended for publication, that a licensed hemp processor may be prosecuted for offenses related to possessing, manufacturing, and delivering products that contain concentrations of THC above the threshold to be classified as “hemp” without a referral by the agency concerned with regulating the hemp industry.
COA affirms probable cause finding at refusal hearing
State v. Jason D. Hull, 2025AP483, 10/23/25, District IV (ineligible for publication); case activity
The COA affirmed the circuit court’s judgment that the Dodge County Sheriff’s Department had probable cause to believe that Jason Hull operated a vehicle while intoxicated and his refusal to submit to chemical testing was therefore improper.
SCOTUS’s most recent order list includes impassioned dissent regarding juror impeachment rule
In an interesting dissent from an order denying cert, three justices join together to decry the rigorous application of the juror impeachment rule in a case that resulted in a verdict of death.
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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.