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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.
Defense win: In decision recommended for publication, COA clarifies significance of “read ins,” rejects attempt to rewrite plea breach law
State v. Lemar C. Newell, Jr., 2024AP1549-CR, 10/27/26, District I (recommended for publication); case activity
In a significant decision, COA finds that the State breached the plea agreement when it asked for a charge to be read-in, instead of dismissed outright, at sentencing.
A belated update on COA’s publication orders
We admit to having fallen behind on the publication orders from COA, so here they are without further ado:
COA holds that circuit court properly refused to reopen default judgments related to OWI tickets
Village of Whitefish Bay v. Ross Bolingbroke, 2025AP2035-36, 10/27/26, District I (ineligible for publication); case activity
Although Bolingbroke claims he was unable to attend court due to a medical issue, COA upholds the circuit court’s discretionary decision under these facts.
COA holds officer had sufficient PC to arrest based on odor of marijuana emitting from car
State of Wisconsin v. Gabriela Dominguez, 2025AP2666-CR, 10/21/26, District II (ineligible for publication); case activity
Relying on existing precedent, COA concludes a smell of marijuana from a car in which Dominguez was a passenger established probable cause to arrest.
SCOW to decide whether criminal defendants must be competent to assist attorney on appeal of order finding defendant competent to stand trial; whether to overrule Meeks
State v. Shane M. Helmbrecht, 2024AP1850, petition for review of a per curiam opinion of the court of appeals, granted 10/14/26; case activity
SCOW will decide whether it is appropriate to order postdisposition competency evaluations in cases on appeal from determinations on competence to stand trial.
COA determines issue preclusion justified granting motion to suppress where State did not produce witness at prior suppression hearing.
State v. Roosevelt L. Spencer, 2025AP1256, 10/20/26, District III (not recommended for publication); case activity
The COA affirmed the circuit court’s order granting the defendant’s motion to suppress based on issue preclusion where his motion was granted in a prior case, which was dismissed without prejudice, because the State’s only witness did not appear at the evidentiary hearing. The COA found the criteria for issue preclusion were established – that the matter was actually litigated previously and that applying issue preclusion comported with principles of fundamental fairness.
COA reverses protective placement for insufficient evidence.
Chippewa County v. N.M.E., 2026AP545, 10/13/26, District III (ineligible for publication); case activity
The COA reversed the circuit court’s order granting Chippewa County’s petition for protective placement because the evidence was insufficient to show that “Nora’s” cognitive decline presented a substantial risk of serious and foreseeable harm to her and because protective placement was not the least restrictive environment consistent with her needs.
COA rejects multiple challenges to TPR and affirms
Rock County Human Services Department v. T.S., 2026AP1628-29, 10/15/26, District IV (ineligible for publication); case activity
Although T.S. presents a medley of interesting legal challenges, COA beats backs those arguments and affirms.
COA finds that “impossibility” is not a defense to failure to assume a parental relationship; affirms TPR
State v. K.T.R., 2026AP929, 10/14/26, District II (ineligible for publication); case activity
COA holds that the jury’s “impossibility” finding with respect to the continuing CHIPS allegation does not “carry over” to the failure to assume ground and affirms an order terminating parental rights.
SCOW to decide whether circuit court loses competency to continue protective placement when the County does not comply with statutory deadline to file petition and report for annual review.
Milwaukee County Department on Aging v. J.J., 2024AP1850, petition for review of a published court of appeals decision, granted 10/14/26; case activity
SCOW will decide whether the circuit court loses competency to continue protective placement when the County does not comply with the deadline to file a petition and report for annual review.
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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.