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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.
COA interprets deferred judgment agreement and finds State was permitted to move to revoke outside of deferral period
State of Wisconsin v. Derrick John Grignon, 2024AP1595-CR, 4/28/26, District III (recommended for publication); case activity
In a decision recommended for publication, COA applies contract law principles to a deferred judgment agreement and finds that the State properly moved to revoke the agreement following Grignon’s noncompliance with its terms.
COA again holds that Wisconsin’s implied consent law is constitutional, recommends opinion for publication
County of Trempealeau v. Layne Perry Stenberg, 2024AP281, 4/21/26, District III (recommended for publication); case activity
Stenberg argues that Wis. Stat. § 343.305(2), Wisconsin’s implied consent law, is unconstitutional, both facially and as applied to him. Specifically, he argues that the implied consent law violates the unconstitutional conditions doctrine by requiring him to “forfeit” his Fourth Amendment right to be free from unreasonable searches for the privilege of operating a motor vehicle on a public highway, and that it violates the least intrusive means test under the Fourth Amendment. COA rejects Stenberg’s arguments.
COA rejects multiple challenges to TPR and affirms
Monroe County Department of Human Services v. A.S., 2026AP65-66, 4/23/26, District I (ineligible for publication); case activity
Although A.S. raises multiple challenges to this TPR, COA uniformly finds her arguments unavailing.
Defense Wins: COA reverses commitment order and order to continue commitment based on insufficient evidence of dangerousness.
Jackson County v. D.C., 2025AP1838 & 2025AP1839, 4/23/26, District IV (ineligible for publication); case activity
The COA reversed D.C.’s commitment order and the order extending his commitment because the County did not meet its burden to establish he was dangerous.
SCOTUS issues per curiam opinion concluding officer had reasonable suspicion for seizure
D.C. v. R.W., USSC No. 25-248, 2/25/2025, reversing In re R.W., 334 A.3d 593 (D.C. 2025); Scotusblog page (with links to briefs)
SCOTUS reverses DC Court of Appeals decision that an officer stopped R.W. without reasonable suspicion and in violation of the Fourth Amendment based on the totality of the circumstances.
SCOW to assess the statutory authority of DNR wardens
State v. John R. Phelan, 2024AP777-CR, petition for review of an published court of appeals decision, granted 4/22/26; case activity
In a unique statutory construction case, SCOW will determine the scope of authority allocated to DNR wardens in enforcing the criminal law.
SCOW’s stance on domestic violence splits court in OLR appeal
OLR v. Osman A Mirza, 2023AP2369-D, 4/15/26, per curiam decision of the Wisconsin Supreme Court (in its disciplinary capacity).
In a decision that demonstrates the overlap between the criminal justice and OLR disciplinary systems, SCOW’s decision to revoke this lawyer’s license for engaging in a pattern of domestic violence triggers a 4-3 split.
COA determines any error by State commenting at trial on defendant asserting her right to silence was harmless.
State v. Elizabeth A. Erickson, 2025AP1150-CR, 4/22/26, District II (ineligible for publication); case activity
The COA affirmed the defendant’s conviction for disorderly conduct and the circuit court’s order denying the defendant’s motion for postconviction relief alleging her counsel was ineffective for failing to object to the State’s comments at trial that she did not tell police about a dog causing injuries to the victim. The COA did not address whether the State’s comments violated the defendant’s right against self-incrimination, but determined any error was harmless.
Defense win: COA affirms circuit court order for plea withdrawal in yet another TPR burden of proof appeal
State v. D.H., 2025AP2668, 4/10/26, District I (ineligible for publication); case activity
Potentially reviving an issue many may have thought already settled, COA upholds the circuit court’s order for plea withdrawal in a case involving a deficient colloquy regarding the dispositional burden of proof in a TPR case.
COA rejects attempt to apply Cronic to TPR IAC claim and affirms
State v. V.T., 2025AP1338-40, 3/23/26, District I (ineligible for publication); case activity
In an interesting ineffectiveness appeal, COA confronts clear-cut deficient performance but declines V.T.’s invitation to depart from the Strickland prejudice standard.
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