On Point

Waupaca County Department of Health & Human Services v. C.J.T., 2026AP794, 6/11/26, District IV (ineligible for publication); case activity

CJT appeals the circuit court order terminating his parental rights to his son, JJT, arguing that the court failed to demonstrate that it considered all of the required factors at disposition. Despite the deferential standard of review to a TPR dispositional order, COA agrees, reversing the termination order and remanding for a proper exercise of discretion.

Clark v. Mississippi, USSC No. 25-6846, 6/8/2026, denying petition for certiorari; Scotusblog page (with links to briefs and commentary)

SCOTUS denied Tony Terrell Clark’s petition for a writ of certiorari from the Mississippi Supreme Court’s decision affirming his conviction at a capital trial.  Clark argued he received ineffective assistance of counsel during jury selection because his trial lawyer did not adequately raise a Batson challenge when the State struck black jurors at a rate five times more than white jurors.  Justice Sotomayor joined the Court’s decision to deny certiorari because Clark did not argue his counsel’s performance was deficient, but explained in an accompanying statement why the Court needs to address the conflict among state and federal courts regarding the standard to evaluate prejudice for a Batson claim.

Yacoub v. St. Croix County, 2023AP758, 759, 760, 761 & 762, 5/27/26, District III (ineligible for publication) case activity.

COA affirms judgment requiring Attorney Sarah Yacoub to pay $4,663.03 in costs and attorney fees as a remedial sanction after the circuit court found her in contempt for intentionally disclosing confidential information from 5 CHIPS cases.

Ozaukee County v. J.J.W., 2025AP1702, 6/3/26, District II (ineligible for publication); case activity

The COA affirmed the circuit court’s order continuing “Jacob’s” protective placement and determined the County did not need to establish a substantial risk of future harm by presenting evidence of previous harm identical to the harm that is anticipated.

Whitton v. Dixon, USSC No. 25-580, 6/1/2026, reversing a per curiam decision of the 11th Circuit, Scotusblog page (with links to briefs and commentary)

In an unusual defense win involving “peculiar” conduct by the Eleventh Circuit, SCOTUS wades through the thicket of habeas law and reverse and remands for further consideration of Whitton’s Giglio claim.

Pitchford v. Cain, USSC No. 24-7351, 5/28/2026, reversing 126 F. 4th 422 (5th Cir. 2025); Scotusblog page (with links to briefs and commentary)

Batson v. Kentucky held that the Equal Protection Clause prohibits prosecutors from exercising peremptory challenges based on race.  A three-step process is used to implement Batson.  First, the defendant must make a prima facie case that a peremptory strike was based on race.  If the defendant meets this burden, the state must provide a race-neutral reason for the challenged strike.  The defendant may then rebut the prosecutor’s race-neutral reason by showing it was pretextual.

SCOTUS held, in a 5-4 decision, that the Mississippi Supreme Court unreasonably applied Batson when it affirmed the defendant’s conviction for murder after the trial court did not address whether the prosecutor’s proffered race-neutral bases for striking four of five potential black jurors were pretextual.  The Court also found the Mississippi Supreme Court unreasonably determined the facts because it concluded the defendant waived his Batson challenge even though he was not provided an opportunity to rebut the state’s proffered race-neutral explanations and was later assured by the trial court that his Batson objection was preserved for the record.

Portage County v. Adam N. Dombrowski, 2025AP204, 5/21/26, District IV (ineligible for publication); case activity

The COA held that a driver suspected of operating while intoxicated was not entitled to an alternative test to measure the driver’s blood, breath, or urine until he was arrested.  The circuit court’s order denying the defendant’s motion to suppress the results of his blood test were therefore affirmed.

State v. M.G., 2025AP2883-2888, 5/15/26, District I (ineligible for publication); case activity

M.G. appeals orders terminating her parental rights to her six children on the basis that the circuit court erred when it found that the state had proven by clear and convincing evidence that child protective services made reasonable efforts and she failed to assume parental responsibility for the three youngest children. COA affirms.

State v. Samuel R. Osornio, 2024AP2368-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity

This is a Len Bias case in which the COA granted a new trial on the basis that Osornio showed there was at least a reasonable probability that he would not have been convicted of reckless homicide if the jury had been properly instructed from the start. SCOW will determine the burden of proof and whether COA diluted the reasonable probability standard for the prejudice prong of Osornio’s ineffective assistance of counsel claim.

State v. Jonathan James Petersen, 2024AP581-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity

SCOW will address whether the First Amendment permits a circuit court to impose a complete ban on using social media as a condition of extended supervision.