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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.

Seventh Circuit denies habeas petition from Wisconsin defendant because undisclosed exculpatory evidence was cumulative to evidence provided to trial counsel.

Jeffrey Hineman v. Daisy Chase, 7th Circuit Court of Appeals No. 25-2000, 7/20/26

The Seventh Circuit reversed the Eastern District of Wisconsin’s order granting a petition for habeas corpus after the petitioner was convicted of first-degree sexual assault in Racine County.  The Court held that SCOW’s decision that evidence favorable to the petitioner and not disclosed by the State was cumulative to evidence that was available to trial counsel was not contrary to clearly established federal law as determined by SCOTUS.

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Defense Win: COA affirms circuit court order suppressing blood test

State of Wisconsin v. Jorge Luis Perez-Aldape, 2026AP642-CR, 7/29/26, District II (ineligible for publication); case activity

In a unique OWI case, COA relies on SCOW guidance to uphold the circuit court’s order suppressing blood evidence due to a failure to read the person the Informing the Accused Form.

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COA holds that consent to blood test was voluntary and rejects challenges to OWI conviction

County of Milwaukee v. Troy Michael Tordoer, 2024AP2492, 7/28/26, District I (ineligible for publication); case activity

Although Tordoer claims that he was coerced into consenting to an evidentiary blood draw, COA agrees with the circuit court that Tordoer’s consent was voluntary.

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COA: Circuit court does not lose competency in TPR proceeding when it fails to comply with statutory requirement to hear testimony to support grounds for termination before accepting plea.

Barron County v. K.L.P., 2026AP460 & 2026AP461, 7/21/26, District III (ineligible for publication); case activity

The COA held that the circuit court did not lose competency to enter disposition orders in an action to terminate parental rights if it accepts a no-contest plea to the grounds for termination without hearing testimony, even if Wis. Stat. § 48.422(3) requires testimony.

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COA rejects sufficiency challenge to reasonable efforts requirement in continuing CHIPS TPR appeal

State v. S.G., 2026AP1078, 7/28/26, District I (ineligible for publication); case activity

“Stephanie” appeals the order terminating her parental rights to her son, “David.” She challenges the sufficiency of the evidence as to both of the grounds for termination alleged–continuing CHIPS and failure to assume parental responsibility. COA affirms.

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SCOTUS adds excessive fine case to its 2026-27 docket.

Kenneth J. Jouppi v. Alaska, USSC No. 25-246, certiorari granted 7/20/26

SCOTUS will consider an Alaska bush pilot’s case seeking to prevent the State of Alaska from forfeiting his plane because he attempted to transport beer to a dry village.

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COA denies sentence credit for time spent serving later-vacated reconfinement sentence in decision recommended for publication

State v. Steven F. Zastrow, 2025AP2024, 7/21/26, District III (recommended for publication); case activity

Relying on Beets, COA concludes that Zastrow is not entitled to credit against a consecutive sentence for the time he spent serving a reconfinement sentence that was later vacated.

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COA rejects sufficiency challenges to ch. 51 commitment and medication orders

Fond du Lac County v. K.L.W., 2026AP87, 7/15/26, District II (ineligible for publication); case activity

COA concludes that the county presented sufficient evidence to establish “Karrie’s” dangerousness and incompetence to refuse medication. Accordingly, it affirms both orders.

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COA rejects venue-based challenge to juvenile waiver and affirms

State  v. D.R., 2024AP2196 & 2198, 7/8/26, District II (ineligible for publication); case activity

“Drew” appeals orders waiving juvenile court jurisdiction, arguing that the circuit court erred when it rejected his claim that the criminal venue statute prevents the court from considering waive and in applying the standard. COA rejects both claims and affirms.

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COA finds reasonable suspicion to extend traffic stop to investigate for OWI and probable cause to arrest.

Village of Grafton v. Blake S. Barnes, 2026AP160, 7/15/26, District II (ineligible for publication); case activity

The COA affirmed the circuit court’s order denying the defendant’s motion to suppress the fruits of his stop and arrest for speeding and operating while intoxicated where the defendant drove 48 miles per hour on a road posted for 25 miles per hour at 12:30 a.m., the officer smelled alcohol in the vehicle, the defendant exhibited glassy eyes, admitted he drank alcohol that night, and failed field sobriety tests.

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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.