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
COA affirms denial of motion to dismiss for state’s failure to preserve video evidence
State v. Jeffrey A. Roth, 2024AP737, 12/11/24, District II (1-judge decision, ineligible for publication); case activity
Three police officers confronted Roth after receiving a complaint that he was stumbling around and then sitting in a vehicle. The state charged Roth with five counts, including resisting. Before his jury trial, which resulted in two misdemeanor convictions, Roth moved to dismiss based on the police officers’ failure to preserve body and squad camera footage of the underlying incident. After a three-day evidentiary hearing, the circuit court denied the motion. The COA affirms, concluding that Roth failed to prove the videos were apparently exculpatory, or that the police acted in bad faith.
COA holds that circuit court erroneously permitted defendant to represent themselves at a competency hearing
State v. L.J.T., Jr., 2024AP1877-CR, 12/12/24, District IV (one-judge decision; ineligible for publication); case activity
In a very unique appeal arising from pretrial competency proceedings, COA holds that the defendant was not competent to exercise the right of self-representation and reverses for a new hearing.
COA: Circuit court may use defendant’s federal disability payments to assess ability to pay restitution.
State v. Eric J. Joling, 2023AP1023-CR, 12/11/24, District II (recommended for publication); case activity
Federal law prohibits subjecting social security disability insurance payments (SSDI) to “execution, levy, attachment, garnishment, or other legal process.” 42 U.S.C. § 407(a). In a decision recommended for publication, the Court of Appeals held that a circuit court may nevertheless use a defendant’s SSDI payments to calculate the ability to pay restitution.
COA holds that County sufficiently proved dangerousness in Chapter 51 extension hearing
Trempealeau County v. R.B., 2024AP1052, 12/10/24, District III (one-judge decision; ineligible for publication); case activity
COA affirms, holding that the evidence of potential deterioration during commitment period justified extension order.
SCOW grants review in interesting OWI involving domestic violence victim
State v. Joan L. Stetzer, 2023AP874-CR, petition for review of an unpublished court of appeals decision, granted 12/10/24; affirmed 7/3/25 case activity
In an interesting case asking the justices to probe the competing interests at stake when a victim becomes a criminal defendant, SCOW will be given an opportunity to assess Wisconsin’s coercion defense under some very unique facts.
Defense win! COA affirms suppression of evidence, concluding officer lacked reasonable suspicion for traffic stop
City of Platteville v. Travis Jon Knautz, 2024AP1291 & 1292, 12/5/24, District IV (1-judge decision, ineligible for publication); case activity
In this drunk driving forfeiture case, the city appeals an order granting Knautz’s motion to suppress all of the evidence that police obtained after an investigatory traffic stop. The COA affirms, concluding that the city failed to show that there was reasonable suspicion for the stop.
COA holds that funeral costs are recoverable as part of a restitution order in connection with a juvenile disposition order
State v. Q.D.R., 2024AP1067, 12/3/24, District I (one-judge decision; ineligible for publication); case activity
In a matter of first impression, COA rejects Q.D.R.’s statutory construction arguments and holds that funeral costs are recoverable under the juvenile restitution statute.
COA affirms 51.20 commitment for alcoholism as matter of first impression
Vernon County v. F.W.R., 2024AP203, District IV, 11/6/24 (one-judge decision; ineligible for publication); case activity
COA rejects F.W.R.’s challenges to his involuntary commitment order under Wis. Stat. § 51.20 for alcohol dependence, concluding that a person may be involuntarily committed for treatment for alcoholism, the circuit court followed the proper procedures and the county met its burden to prove that he was drug dependent and dangerous.
COA: Circuit court may, sua sponte, relieve parent from voluntarily terminating parental rights when extraordinary circumstances are presented.
M.S. v. R.F., 2024AP814, District I, 11/19/24 (one-judge decision; ineligible for publication); case activity
The Court of Appeals affirmed the circuit court’s order granting M.S. (referred to as Michelle) relief from her voluntary termination of parental rights because her decision to terminate was premised on terminating R.F.’s (referred to as Richard) parental rights, and the Court of Appeals in a previous decision remanded the case to the circuit court for a new trial on whether grounds existed to terminate Richard’s rights.
COA rejects ineffectiveness appeal litigated by TPR petitioner on procedural grounds
N.C. v. R.G., 2024AP996, District II, 11/20/24 (one-judge decision; ineligible for publication); case activity
In a TPR appeal with a very unusual posture, COA rejects the petitioner’s appeal given her failure to abide by the rules of appellate procedure.
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.