On Point

Outagamie County v. M.J.B., 2026 WI 23, 6/26/26, reversing a published decision of the court of appeals; case activity

In a unanimous decision, SCOW held that the deadline to provide access to examiners’ 48 hours in advance of the final hearing is not central to Chapter 51’s statutory scheme, violating the deadline does not divest the circuit court of competency to proceed, and the circuit court must therefore review whether failing to comply with the deadline was harmless error.

Waupaca County Department of Health & Human Services v. J.L.C. and M.M.C., 2026AP498 and 647, 6/25/26, District IV (ineligible for publication); case activity

JLC and MMC each appeal the circuit court order terminating their parental rights to their child, CMC, arguing that the court erred in granting Waupaca County’s motion for summary judgment on grounds. COA concludes that the ground on which SJ was granted, continuing denial of visitation, requires the county to prove that the parents received adequate notice of the conditions of resuming visitation, and the county cannot make this showing under the facts. Therefore, COA reverses the order and remands with directions that the circuit court grant partial summary judgment to both parents on the continuing denial of visitation ground. 

La Crosse County v. P.A.E., 2025AP303, 6/18/26, District IV (ineligible for publication); case activity

COA reverses the circuit court’s order continuing PAE’s protective placement on the basis that La Crosse County failed to prove by clear and convincing evidence that PAE was so totally incapable of providing for her own care or custody as to create a substantial risk of serious harm to herself or others.

Wolford v. Lopez, USSC No. 24-1046, 6/25/2026, reversing a decision of the 9th Circuit, Scotusblog page (with links to briefs and commentary)

In another contentious 2nd Amendment case, SCOTUS provides more information for litigators seeking to apply the newer test for evaluating challenged firearm regulations.

State v. Terral Dontae Wallace , 2024AP2150-CR, 6/23/26, District III (recommended for publication); case activity

Although there is no dispute that the circuit court failed to advise Wallace of a presumptive minimum sentence during the plea colloquy, the court of appeals determines that no evidentiary hearing is required and affirms.

Winnebago County v. T.R.A., , 2025AP2428, 6/24/26, District II (ineligible for publication); case activity

COA rejects T.R.A.’s reading of the statutory requirements, finds ample evidence of dangerousness, and affirms. 

Green County v. K.M.S., 2025AP199, 6/18/26, District IV (ineligible for publication); case activity

Applying an exceptionally deferential review to K.M.S.’s ineffectiveness claims, COA affirms in the face of a somewhat confusing appellate record.

Due to some IT issues, we’ve gone dark these last few weeks. Don’t worry–we’ve been caching posts for when we recovered access. Posts will be coming out fast and furious given the pace of decisions throughout our appellate courts, so keep an eye out here for new developments!

Hunter v. United States, USSC No. 24-1063, 6/18/2026, reversing a decision of the 5th Circuit, Scotusblog page (with links to briefs and commentary)

SCOTUS holds that a defendant’s agreement with the government not to appeal a sentence is unenforceable if it would result in a miscarriage of justice that would bring the judicial system into disrepute.

United States v. Hemani, USSC No. 24-1234, 6/18/2026, affirming a decision of the 5th Circuit, Scotusblog page (with links to briefs and commentary)

In a unanimous decision, SCOTUS agrees that a federal statute permitting disarmament of persons who are “unlawful users” of controlled substances violates the Second Amendment.