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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: COA reverses summary judgment on continuing denial of visitation ground and orders summary judgment for parents on same ground
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.
Defense win: COA reverses order continuing protective placement
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.
SCOTUS issues another Second Amendment decision invalidating Hawaii’s restriction on carrying of arms
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.
COA, in published decision, further clarifies that not every plea colloquy defect merits a Bangert hearing
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.
COA finds evidence sufficient, rejects DJW argument, and affirms 51 extension order
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.
COA rejects ineffectiveness arguments in TPR 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.
OP is back up and running!
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!
SCOTUS: Appeal waiver unenforceable if it results in miscarriage of justice
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.
In narrow defense win, SCOTUS invalidates federal statute prohibiting firearm possession by drug users
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.
Defense win: COA affirms order suppressing blood test evidence due to coercion
City of Antigo v. John Paul Fermanich, 2023AP1834, 6/16/26, District III (ineligible for publication); case activity
The City of Antigo appeals an order granting John Paul Fermanich’s motion to suppress blood evidence because Fermanich’s consent to the blood draw was coerced. COA affirms in this “close case” as it is the city’s burden to demonstrate that Fermanich freely and voluntarily consented to the warrantless blood draw.
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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.