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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: Driver suspected of operating under the influence not entitled to alternative test to measure intoxication until arrest.

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.

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COA affirms TPR orders over sufficiency challenges

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.

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SCOW accepts state’s petition on COA’s new trial grant for IAC in Len Bias case

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.

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SCOW to address whether a complete ban on using social media as a condition of extended supervision violates the First Amendment.

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.

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SCOW to determine constitutionality of reverse waiver statute

State v. Noah Q. Mann-Tate, 2024AP2585-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity

In a blockbuster case, SCOW will determine whether Wisconsin’s treatment of children charged with serious crimes passes constitutional muster under a long of line of SCOTUS authorities establishing the unique characteristics of children.

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SCOW accepts review to determine admissibility of allocution statements

State v. Daniel J. Rejholec, 2023AP2192-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity

In a case that pits the common law interpretation of a statute against what appears to be a straightforward textual interpretation, SCOW will have the opportunity to issue one of its most consequential criminal law decisions of the term.

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SCOW holds that no colloquy is required when a person “stipulates” to an involuntary mental commitment order; flags numerous other unresolved issues

Sheboygan County v. N.A.L., 2026 WI 16, 5/19/26, affirming an unpublished decision of the court of appeals; case activity

In a relatively concise majority opinion, SCOW addresses a narrow issue and holds that no colloquy is required when a person stipulates to an involuntary mental commitment order. However, the separate writings flag many other interesting and highly relevant issues for our readers.

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COA finds officer’s reference to an “automatic” revocation did not render consent to blood draw involuntary

City of Mequon v. Scott Sarver Lindvall, 2025AP1703, 5/13/26, District II (ineligible for publication); case activity

Although Lindvall seizes on the officer’s word choice in discussing the consequences of refusing to consent to an evidentiary blood draw, the Court ultimately finds his arguments unavailing and affirms.

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COA addresses multi-pronged attack on TPR orders and affirms

State v. J.G., III,, 2025AP469-474, 5/15/26, District I (ineligible for publication); case activity

Although J.G. levies a number of appellate attacks, COA finds his arguments uniformly unavailing and affirms.

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COA affirms convictions for election fraud and misconduct in public office by Milwaukee Election Commission’s deputy director.

State v. Kimberly D. Zapata, 2025AP425-CR, 5/12/26, District I (recommended for publication); case activity

The Deputy Director of the City of Milwaukee Election Commission was convicted at trial of election fraud and misconduct in public office after she had fictitious military absentee ballots sent to a state legislator to publicize the potential for election fraud with such ballots.  In a decision recommended for publication, the COA affirmed her convictions because the evidence was sufficient for the jury to find she “obtained” the ballots for purposes of election fraud and acted in her public capacity.

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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.