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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 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.
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.
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.
COA once again creates questions about the proper application of D.J.W. in recommitment appeals
Winnebago County v. J.S., 2025AP1865, 7/8/26, District II (ineligible for publication); case activity
In a recommitment appeal alleging a lack of sufficient findings, COA invokes a somewhat novel legal theory to excuse an oral ruling that it agrees could have been more thorough.
7th Circuit Cases for May and June
The last two months brought a number of interesting cases including a challenge to a Dropbox search, some 4A cases, a coroner keeping mementos from the bodies of crime victims and a would-be pornographer claiming he lacked knowledge his victim was 16.
COA finds challenge to contempt order in CHIPS case moot
Manitowoc County HSD v. K.H.,, 2025AP1865, 7/8/26, District II (ineligible for publication); case activity
Confronted with a relatively straightforward challenge to the circuit court’s discretion, COA finds that no exceptions to mootness require it to address K.H.’s arguments.
COA rejects sufficiency and DJW arguments and affirms ch. 51 extension
Racine County v. P.L., , 2026AP132, 7/8/26, District II (ineligible for publication); case activity
COA rejects P.L.’s arguments that the county failed to introduce clear and convincing evidence to support a conclusion that he is dangerous under the second standard (via the recommitment standard) and the circuit court failed to make specific factual findings, and affirms.
COA construes second juvenile waiver petition as motion for reconsideration; affirms denial
State v. A.V., 2026AP359, 6/30/26, District I (ineligible for publication); case activity
AV turned 17 after the circuit court denied the state’s first waiver petition. The state petitioned again to waive A.V. into adult criminal court, citing WIS. STAT. § 938.18(2) as the statutory basis for the petition and making new allegations. COA affirms the circuit court’s denial of the state’s second petition without an evidentiary hearing.
COA affirms TPR order and denial of postdisposition motion
Pierce County Dept of Human Services v. K.D.B., 2025AP2643, 6/30/26, District III (ineligible for publication); case activity
“Kevin” appeals the order terminating his parental rights to his daughter, and an order denying his motion for postdisposition relief. He contends that the evidence was insufficient to support the jury’s verdict and his trial attorney provided ineffective assistance at the grounds trial. He also argues that the circuit court erroneously exercised its discretion by concluding that the termination of his parental rights was in his daughter’s best interests. COA affirms.
SCOW holds that appeal from Watts review is not moot; applies de novo standard (for now) and affirms
Racine County v. R.P.L., 2026 WI 26, 7/7/26, affirming an unpublished decision of the court of appeals; case activity
SCOW holds that this appeal from an annual review of a protective placement is not moot, somewhat reluctantly applies the governing standard of review, and affirms.
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