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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: State may not refile charges that circuit court previously erroneously dismissed with prejudice
State v. Terry Lee Anderson, 2025AP1435, 9/17/26, District IV (not recommended for publication); case activity
Anderson appeals the judgment convicting him of three counts that the circuit court had, in a previous case, dismissed with prejudice. COA agrees that the circuit court lacked the authority to disregard its prior dismissal order as void, and remands with instructions that the court vacate the counts that were previously dismissed with prejudice.
COA holds that trial attorney had no duty to ensure his client reviewed video evidence before pleading guilty
State v. Corey L. Gransberry, 2025AP1770-CR, 9/9/26, District I (recommended for publication); case activity
Although Gransberry tries to develop a novel ineffectiveness claim, COA rejects his arguments based on an alleged failure to review certain evidence and affirms.
COA holds that need for protection from one of the specified harms — abuse, financial exploitation, neglect, or self-neglect — is sufficient to continue protective placement.
Dane County v. L.A.E., 2026AP906, 9/17/26, District IV (ineligible for publication); case activity
The COA affirmed continuing L.A.E.’s protective placement over his objections that the County did not prove he had a primary need for residential care and custody and that his debilities created a substantial risk of serious harm to himself or others.
COA rejects probable cause, Franks-Mann and spoliation challenges, affirms PAC & refusal judgments
Portage County v. Carter Townsend Andreae, 2024AP1330 & 1331, 9/11/26, District IV (ineligible for publication); case activity
COA rejects Andreae’s challenges to the circuit court’s denial of his three pretrial motions and affirms the refusal and PAC 1st.
COA rejects claim that consent to blood draw given by injured motorist was involuntary
State v. Bailey Reed Vande Slunt, 2025AP2284-CR, 9/9/26, District II (ineligible for publication); case activity
Although Vande Slunt argues that his condition following a significant car crash rendered his consent involuntary, COA rejects his reliance on a persuasive federal case and affirms.
In a ruling with Wisconsin implications, 7th Circuit holds that defendant cannot be prosecuted for possessing AI-generated CSAM in his home
United States of America v. Steven Anderegg, No. 25-1354, 8/25/26
In a case that has generated national headlines, the Seventh holds that Anderegg cannot be prosecuted for possessing CSAM he produced using artificial intelligence.
Seventh Circuit Update Part 2: August Cases
August was another busy month. As usual, we’ve tried to pull those cases with the clearest relevance to our mostly state-court practicing readers. This month featured a rare defense win on other-acts, a window tint stop case, and a bizarre jury misconduct case involving an over-prepared foreperson among other interesting topics.
COA affirms TPR order over erroneous exercise challenge
State v. E.L., 2026AP1497, 9/9/26, District I (ineligible for publication); case activity
“Emily” appeals the circuit court’s order terminating her parental rights to her child, “Gretchen,” arguing that the court erroneously exercise of discretion when it found that termination was in Gretchen’s best interests. Emily claims the court failed to consider whether Gretchen had substantial relationships with other family members, and whether it would be harmful to her if those relationships were severed. COA affirms.
COA certifies two more THC/hemp issues to SCOW.
State v. Kevin Jones, 2025AP1539-CR, 9/8/26, District IV; case activity (including briefs)
On the heels of its certification last month in Bethke (see our post here) asking SCOW to determine whether Wisconsin’s legalization of hemp requires the State to prove as an element of the offense of possessing tetrahydrocannabinols (THC) that a substance contains greater than 0.3 percent of THC, the COA certified two additional issues for SCOW.
COA rejects appeal of DOJ decision denying renewal of CCW license under Braunschweig
Murphy Allan Thompson v. Wis. Dept. of Justice, 2024AP2244 & 25AP142, 9/1/26, District III (not recommended for publication); case activity
Thompson appeals from a circuit court order denying his petition for judicial review of DOJ’s decision denying his application to renew his license to carry a concealed weapon and the order denying of his motion for reconsideration. DOJ previously granted Thompson a CCW license because his prior felony conviction had been expunged, but as a result of the supreme court’s decision in State v. Braunschweig, 2018 WI 113, 384 Wis. 2d 742, 921 N.W.2d 199, DOJ denied him renewal. COA 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.