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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.

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Sheboygan County v. N.A.L., 2026 WI 16, 5/19/26, affirming an unpublished decision of the court of appeals; case activity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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COA affirms recommitment and concludes challenge to medication order is moot

Winnebago County v. E.R.B., 2025AP2522, 5/14/26, District IV (ineligible for publication); case activity

COA affirms the circuit court’s orders extending ERB’s commitment and authorizing his involuntary medication and treatment, concluding that there was sufficient evidence to sustain the commitment order, and that the medication order is moot, as it previously expired.

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COA upholds traffic stop for suspicion of excessive window tint

State v. Ryan Alan Stenner, 2025AP503-CR, 5/7/26, District IV (ineligible for publication); case activity

COA applies general reasonable suspicion principles to reverse the circuit court’s order granting suppression for a traffic stop based on overly dark window tint. It holds that the circuit court applied the wrong standard, the officer’s testimony was sufficiently connected to his training, and the administrative code related to window tint is valid and enforceable.

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COA reverses circuit court’s order denying transcript fee waiver

Village of Hales Corners v. Aman D. Singh, 2024AP2055 & 2024AP2056, 5/12/26, District I (ineligible for publication); case activity

The COA reversed the circuit court’s order denying the defendant’s request to waive the transcript fee for his appeals.

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COA affirms order continuing protective placement

Waukesha County Department of Health & Human Services v. C.O., 2025AP2640, 5/6/26, District II (ineligible for publication); case activity

COA affirms an order continuing “Cathy’s” protective placement based on concerns about her lack of independence and alcoholism.

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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.