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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 Wins: COA reverses summary judgment at grounds phase of TPR proceeding.
Sawyer County Health & Human Services v. D.K., 2025AP2832, 3/12/26, District III (ineligible for publication); case activity
The COA reversed the order terminating “Daniel’s” parental rights after summary judgment was granted at the grounds phase because genuine issues of material fact exist whether the County made reasonable efforts to provide services.
SCOW accepts review of important CHIPS case
S.G. v. Wisconsin DCF & Waupaca County, 2024AP472, petition for review of a published decision of the court of appeals, granted 3/11/26
In a case that will impact an important procedural aspect of certain CHIPS cases, SCOW accepts review of Waupaca County’s petition seeking to reverse (something of) a defense win.
In decision recommended for publication, COA approves use of “readers” at preliminary hearings
State v. Latres Christopher Robinson, 2025AP983-CR, 3/12/26, District IV (recommended for publication); case activity
In a decision resolving an issue which has been percolating since SCOW’s decision in O’Brien over a decade ago, COA approves the practice of calling an investigator to read the criminal complaint into the record in order to satisfy the preliminary hearing requirement.
COA: Collateral attack on prior OWI must allege defendant did not know potential penalties even if plea colloquy was defective; affiant requesting warrant for blood draw need not have witnessed arrest.
State of Wisconsin v. Jonathon L. Sundermeyer, 2024AP2007-CR, 3/3/26, District III (not recommended for publication); case activity
The COA concludes a defective plea colloquy was not sufficient to collaterally attack the defendant’s prior OWI conviction where the defendant did not establish he was unaware of the potential penalties for his prior conviction. The COA also determined an officer’s affidavit in support of a blood draw complies with the constitutional requirement for an an affidavit to be supported by oath or affirmation where the officer was not present when the defendant was arrested for operating while intoxicated (OWI) but relied on information from an officer who was present.
COA rejects challenges to TPR dispositional order and affirms
Jefferson County DHS v. G.J.J., 2025AP2491, 3/5/26, District IV (ineligible for publication); case activity
While G.J.J. gets closer than most–and his arguments even give COA “pause”–ultimately, the deferential standard of review applicable to dispositional decisions results in affirmance.
Defense win: COA reverses guardianship med order
Grant County Dept of Social Services v. D.G.N., 2025AP2382, 2/27/26, District IV (ineligible for publication); case activity
In this appeal limited to the validity of an order for the involuntary administration of psychotropic medication in a guardianship case, COA holds that the county failed to meet two of the Wis. Stat. § 55.14(3) requirements.
SCOW reverses COA in 971.14 med order appeal, decides standard of review for Sell factors, limits Green’s applicability, and declines to resolve several issues
State v. J.D.B., 2026 WI , 2/25/26, reversing a published court of appeals opinion; case activity
SCOW reverses the COA, holding , clarifies the standard of review for each of the Sell factors, holds that Green is overruled to the extent that it “require[d] each and every piece of information it lists” and declines to decide several issues.
SCOTUS holds that trial court may limit discussion between defendant and counsel during overnight trial recess about defendant’s testimony for its own sake but not about issues incidental to testimony.
Villarreal v. Texas, USSC No. 24-557, 2/25/2025, affirming Villarreal v. State, 707 S.W.3d 138 (Tex. Crim. App. 2024) ; Scotusblog page (with links to briefs and commentary)
SCOTUS holds that testifying criminal defendant may be prohibited by trial court from conferring with defense counsel during an overnight recess about testimony for its own sake but not about matters incidental to testimony.
COA: Reasonable suspicion for traffic stop after report to police that vehicle hit road barrier and officer observed “unusual” driving behavior
State of Wisconsin v. Jonathan G. Berbaum, 2025AP1380-CR, 2/25/26, 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 a traffic stop, which included evidence that led to his conviction for operating a vehicle while intoxicated as a third offense. The COA found that a witness’s report that a vehicle hit a barrier, combined with the defendant’s erratic driving, provided reasonable suspicion to suspect the driver was operating while intoxicated.
SCOW holds that ESP was not acting as government agent when it scanned files for CSAM
State v. Andreas W. Rauch-Sharak, 2026 WI 4, 2/24/26, on certification from the court of appeals; case activity
SCOW holds that Google’s search of Rauch-Sharak’s files was a private search, slightly clarifies that legal test, and 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.