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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 affirms verdict finding grounds to terminate parental rights for failing to assume parental responsibilities.

Taylor County Human Services v. A.B., 2025AP633, 2025AP634, 2025AP635, 2025AP636, 7/29/25, District II (ineligible for publication); case activity

The COA affirms the circuit court’s orders terminating “Adam’s” parental rights, while emphasizing the heavy burden placed on the party seeking to overturn a jury’s verdict.

COA affirms order continuing protective placement

Racine County v. R.P.L., 2025AP813-FT, 7/30/25, District II (ineligible for publication); case activity

In an appeal from an annual protective placement review, R.P.L. escapes a finding of mootness but loses on the merits.

Defense win: Circuit court erred when it denied respondent’s request for fact witnesses to appear in person at ch. 51 trial

Washburn County v. L.R.Y., 2025AP272-FT, District 3, 7/22/25 (one-judge decision; ineligible for publication); case activity

“Lily” appeals an original commitment and involuntary med order, arguing that the circuit court violated her right to have the County’s fact witnesses testify in person. COA agrees that, under Wis. Stat. § 885.60(2)(d), the circuit court erred by failing to sustain Lily’s objection to the county’s fact witnesses appearing by video at the final hearing.

SCOW affirms defense win in revocation case on deferential standard of review

State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, affirming a per curiam court of appeals decision, case activity (including briefs) The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and […]

COA affirms TPR disposition, holds circuit court properly exercised discretion as to substantial relationship factor

Oneida County v. J.B., 2025AP213, 7/1/25, District III (one judge opinion, ineligible for publication); case activity J.B. (“Joseph”) appeals the disposition terminating his parental rights to his son, “Isaac,” arguing that the circuit court failed to explicitly consider whether Isaac had substantial relationships with Joseph and members of his family. COA rejects Joseph’s arguments and […]

COA: In TPR case, trial counsel’s performance was deficient for not timely filing affidavits opposing summary judgment, but respondent not prejudiced.

Jackson County Dept. of Health & Human Services v. A.M.N., 2024AP1166, 7/10/25, District IV (ineligible for publication); case activity COA finds counsel’s performance deficient for failing to timely file affidavits opposing Jackson County’s motion for partial summary judgment regarding its petition to terminate A.M.N.’s parental rights. But A.M.N. was not prejudiced because there is no […]

COA affirms order continuing protective placement

Washburn County v. D.C.R., 2024AP2443-FT, 7/8/25, District III (ineligible for publication); case activity While D.C.R. wins some minor victories in this appeal, ultimately COA rejects his sufficiency challenges and affirms. In this appeal from an order continuing a protective placement after an annual review, COA addresses two sufficiency challenges: Primary Need for Residential Care and […]

COA calculates discharge date on sentences for crimes committed between 1999 and 2003 in published case.

State of Wisconsin ex rel. Christopher P. Kawleski v. State, 2022AP1129, 7/3/25, District IV, (recommended for publication); case activity

COA recommends publication in a case addressing how to calculate the maximum discharge date for a defendant sentenced to a bifurcated sentence on a felony between 1999 and 2003 upon release from reconfinement after extended supervision was revoked.

COA holds that protective placement may be continued based on evidence from previous hearings provided the evidence was “adjudicated.”

Pierce County v. P.C.A., 2024AP1367, 7/1/25, District III (ineligible for publication); case activity

While affirming the circuit court continuing a protective placement order under Chapter 55 after a due process hearing (known as a Watts hearing), the COA clarified that, following previous due process hearings, documentary evidence that was admitted, and testimony that was accepted by the circuit court and incorporated into its findings, may be considered at subsequent due process hearings. 

Defense win: COA reverses parts of juvenile restitution order

State v. C.J.L.,  2024AP1917, 7/3/25, District IV (1-judge decision, ineligible for publication); case activity

C.J.L. contests part of the restitution ordered in his juvenile case related to a theft and break in at a dance studio–restitution for a surveillance subscription purchased after the theft, and for damages to the studio’s dance floor. Because the juvenile statute, Wis. Stat. § 938.34(5)(a), permits restitution for physical injury to a person or damage to property only, the COA agrees with C.J.L. and reverses the restitution order.

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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.