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.

COA once again creates questions about the proper application of D.J.W. in recommitment appeals

Winnebago County v. J.S., 2025AP1865, 7/8/26, District II (ineligible for publication); case activity

In a recommitment appeal alleging a lack of sufficient findings, COA invokes a somewhat novel legal theory to excuse an oral ruling that it agrees could have been more thorough.

Read full article >

7th Circuit Cases for May and June

The last two months brought a number of interesting cases including a challenge to a Dropbox search, some 4A cases, a coroner keeping mementos from the bodies of crime victims and a would-be pornographer claiming he lacked knowledge his victim was 16.

Read full article >

COA finds challenge to contempt order in CHIPS case moot

Manitowoc County HSD v. K.H., 2025AP1865, 7/8/26, District II (ineligible for publication); case activity

Confronted with a relatively straightforward challenge to the circuit court’s discretion, COA finds that no exceptions to mootness require it to address K.H.’s arguments.

Read full article >

COA rejects sufficiency and DJW arguments and affirms ch. 51 extension

Racine County v. P.L., 2026AP132, 7/8/26, District II (ineligible for publication); case activity

COA rejects P.L.’s arguments that the county failed to introduce clear and convincing evidence to support a conclusion that he is dangerous under the second standard (via the recommitment standard) and the circuit court failed to make specific factual findings, and affirms.

Read full article >

COA construes second juvenile waiver petition as motion for reconsideration; affirms denial

State  v. A.V., 2026AP359, 6/30/26, District I (ineligible for publication); case activity

AV turned 17 after the circuit court denied the state’s first waiver petition. The state petitioned again to waive A.V. into adult criminal court, citing WIS. STAT. § 938.18(2) as the statutory basis for the petition and making new allegations. COA affirms the circuit court’s denial of the state’s second petition without an evidentiary hearing.

Read full article >

COA affirms TPR order and denial of postdisposition motion

Pierce County Dept of Human Services v. K.D.B., 2025AP2643, 6/30/26, District III (ineligible for publication); case activity

“Kevin” appeals the order terminating his parental rights to his daughter, and an order denying his motion for postdisposition relief. He contends that the evidence was insufficient to support the jury’s verdict and his trial attorney provided ineffective assistance at the grounds trial. He also argues that the circuit court erroneously exercised its discretion by concluding that the termination of his parental rights was in his daughter’s best interests. COA affirms.

Read full article >

SCOW holds that appeal from Watts review is not moot; applies de novo standard (for now) and affirms

Racine County v. R.P.L., 2026 WI 26, 7/7/26, affirming an unpublished decision of the court of appeals; case activity

SCOW holds that this appeal from an annual review of a protective placement is not moot, somewhat reluctantly applies the governing standard of review, and affirms.

Read full article >

In light of SCOW’s decision in M.J.B, COA reverses circuit court’s order dismissing Ch. 51 petition because expert report was not timely.

Ozaukee County v. T.D.D., 2025AP2257, 7/8/26, District II (ineligible for publication); case activity

The COA reversed the circuit court’s order dismissing Ozaukee County’s petition for commitment under Chapter 51 in light of SCOW’s decision in M.J.B. that failing to comply with the 48-hour deadline to make expert reports available to counsel did not divest the circuit court of competency.

Read full article >

COA finds consent to blood test was voluntary under since-repealed provision of Implied Consent Statute

State v. Richard A. Tourtillot, 2024AP1831, 7/7/26, District III (not recommended for publication); case activity

The COA determined the defendant’s consent to a blood draw was voluntary under a since-repealed portion of the Implied Consent Law.

Read full article >

COA affirms TPR dispositional order

State v. R.R.L., 2026AP956, 7/1/26, District II (ineligible for publication); case activity

“Roger” contends that the circuit court erroneously exercised its discretion at disposition because, in determining that termination was in the best interest of his son, “Marcus,” the court failed to consider relevant facts regarding Marcus’s relationships with other family members even though such relationships may not have been substantial. COA affirms.

Read full article >

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.