Explore in-depth analysis
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.
Important posts
Ahead in SCOW
Sign up
Seventh Circuit Update
There has been a real paucity of relevant cases from the Seventh. We keep saving this article and hoping more could be added, but until things heat up again, we thought we’d share these cases from the last few months that might be relevant to our readers.
Guest Post: SPD Immigration Practice Coordinators on Immigration Law Developments
With a new administration comes changes to our immigration laws. Fortunately, the SPD’s Immigration Practice Coordinators are here to provide you with an updated analysis of the many legal developments relevant to our clients.
Defense Win! COA reverses order denying suppression motion in juvenile appeal
State v. K.R.W., 2024AP1210, 2/19/25, District II (one-judge decision; ineligible for publication); case activity
Although COA does not address K.R.W.’s broader constitutional argument, it holds that suppression is warranted given the State’s violation of a statute requiring an intake worker to warn a juvenile of his right to counsel and right against self-incrimination before taking that juvenile’s statement.
SCOW agrees to review another defense win with respect to involuntary medication
State v. N.K.B., 2023AP722-CR, petition for review of a published decision of the court of appeals, granted 2/12/25; case activity
In yet another involuntary med appeal arising from pretrial competency proceedings, SCOW is asked to clarify whether dangerousness alone is a sufficient basis on which to order involuntary medication.
SCOW to review requirements for involuntary medication orders pertaining to incompetent criminal defendants
State v. J.D.B., 2023AP715-CR, petition for review of a published decision of the court of appeals, granted 2/12/25; case activity
In a case that promises to have broad repercussions for how involuntary medication hearings are conducted under § 971.14(5)(am). , SCOW agrees to review a case we termed a “HUGE” defense win.
SCOW to review discovery rules applicable to reverse waiver hearings
State v. Adams, 2023AP218-CR, petition for review of a published decision of the court of appeals, granted 2/12/25; case activity
SCOW grants Adams’s petition for review in part and signifies its interest in bringing clarity to an important procedural aspect of reverse waiver hearings.
COA affirms ch. 51 medication order in “close case”
Dane County v. A.M.M., 2024AP1670, 2/13/25, District IV (1-judge decision, ineligible for publication); case activity
“Amanda” challenges the sufficiency of the evidence pertaining to her medication order. The COA calls this a “close case,” but affirms.
COA holds that difference between “L meth” and “D meth” does not create a defense to RCS prosecution
State v. Walter L. Johnson, 2024AP79-CR, 2/13/25, District IV (recommended for publication); case activity
In a case resolving a hot issue for OWI litigators, COA rejects challenges to an RCS prosecution based on the chemical difference between “L meth”–found in certain nasal decongestant sprays–and “D meth,” which is found in illicit street drugs.
COA rejects challenges to extension and medication orders and affirms another Chapter 51
Racine County v. C.D.B., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); case activity
In “Banks’s” most recent appeal, he once again challenges the sufficiency of the evidence pertaining to his extension and medication orders. Like his last appeal, however, those arguments go nowhere.
COA rejects sufficiency challenge to grounds and finds that court did not err in terminating parental rights
State v. R.J.S., 2024AP2186, 2/7/25, District I (1-judge decision, ineligible for publication); case activity
COA rejects R.J.S.’s challenges to the sufficiency of the evidence and applies a well-settled standard of review to uphold the circuit court’s discretionary termination order.
On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].
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.