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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 affirms continuing protective placement over sufficiency challenge in a “close case.”

Eau Claire County v. R.B.-K., 2025AP1466, 12/16/25, District III (ineligible for publication); case activity

In a “close case,” the COA affirmed continuing protective placement over a challenge to the sufficiency of the evidence that “Rory” was a danger to himself.

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Publication Orders for October, November and December

As usual, we bring you coverage of COA’s orders regarding publication, this time for October, November and December.

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COA rejects challenges to discretionary order in CHIPS case and affirms

State v. A.B., Jr.,  2024AP2454-56, 12/16/25, District II (ineligible for publication); case activity

In a rare CHIPS appeal, COA applies the discretionary standard of review and affirms.

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COA resolves recurring challenge to DV enhancer, rejects reliance on Rector, and applies definition of “separate occasions” from prior case law

State v. Brian Tyrone Ricketts, Jr.,  2024AP2291-CR, 12/9/25, District III (recommended for publication); case activity

Following on the heels of the recent litigation as to the meaning of “separate occasions” that reached SCOW in the Rector case, COA holds that two charges in the same case constitute “separate occasions” for the purposes of the domestic abuse repeater.

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COA applies harmless error rule to statutory right to be present at plea hearing, holds any error was harmless

State v. Charles Williams, 2024AP1424-CR, 12/2/25, District III (authored, not recommended for publication); case activity

Williams argues that the circuit court erred by denying his postconviction motion to withdraw his plea because he did not knowingly, intelligently, and voluntarily waive his right, under WIS. STAT. § 971.04(1)(g), to appear in person at the plea hearing. COA assumes without deciding that Williams did not waive his right to be present, but concludes that any error was harmless and affirms.

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COA does not resolve novel Fourth Amendment issue, holds that consent excuses years-long seizure of cell phone

State v. Ryan D. Zimmerman,  2023AP1888-CR, 11/25/25, District III (not recommended for publication); case activity

Although Zimmerman identifies a novel Fourth Amendment issue, COA ultimately uses Zimmerman’s consent to get around that issue and affirms.

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COA: Police reasonably conveyed implied consent warnings to suspected drunk driver although officer commented to driver that not all of the warnings applied.

State v. Sam M. Shareef, 2025AP661, 12/10/25, District II (ineligible for publication); case activity

The COA holds that police reasonably conveyed implied consent warnings to a suspected drunk driver although the officer told the driver that some of the circumstances described on the Informing the Accused form did not apply to him.

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COA affirms denial of motion to dismiss delinquency petition filed 351 days after the § 938.25(2)(a) deadline.

State v. K.R.C., 2025AP90, 12/9/25, District III (one-judge decision; ineligible for publication); case activity

“Kyle” appeals, arguing that the state did not have good cause for filing a delinquency petition outside the 20-day filing deadline in WIS. STAT. § 938.25(2)(a). COA disagrees and affirms.

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SCOW accepts original action petition to determine power of sheriffs to enforce immigration laws

Voces de la Frontera, Inc. v. Gerber, 2025AP2121, petition for original action granted 12/3/25; case activity

In yet another case involving a hot-button issue sure to garner lots of press and national attention, SCOW agrees to review under what circumstances local sheriffs may participate in the enforcement of federal immigration laws.

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COA issues first impression decision on constitutionality of warrant to search contents of smartphone, holds “the warrant must specify the particular items of evidence to be searched for and seized from the [smart]phone,” and its authorization must be “limited to the time period and information or other data for which probable cause has been properly established… in the warrant’s supporting affidavit”

State v. Emil L. Melssen, 2024AP1942-CR, 11/20/25, District IV (recommended for publication); case activity (including briefs)

Emil Melssen appeals from a judgment of conviction following a jury trial, in which he was convicted of possession of methamphetamine with intent to deliver and related charges. He argues that the evidence was insufficient to sustain his conviction and the circuit court erroneously denied his motion to suppress evidence obtained in the execution of two search warrants. COA rejects Melssen’s sufficiency argument, but concludes that the warrant to search his smartphone violated the Fourth Amendment because it was overbroad and not carefully tailored to its justifications. The court remands for a determination on the remedy.

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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.