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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 Chapter 51 order and finds County did not prove current dangerousness
Portage County v. T.W.P., 2025AP1183, 11/26/25, District IV (ineligible for publication); case activity
In a case involving a commitment order originating in “2008 or 2009,” COA finds that the County failed to prove that T.W.P. is currently dangerous and therefore reverses.
COA finds sufficient evidence to affirm trial conviction for violating domestic abuse injunction by sending Facebook message.
State v. Clinton J. Adams, 2025AP1179, 11/26/25, District II (ineligible for publication); case activity
COA affirms jury’s conviction for knowingly violating a domestic abuse injunction over sufficiency challenge.
COA clarifies “serious crime” factor in involuntary med challenges; rejects challenges to treatment plan and affirms
State v. B.M.T., 2025AP1745-50, 11/21/25, District II (recommended for publication); case activity
In this appeal from an involuntary medication order, COA provides additional guidance as to how the “seriousness” of a crime is determined and rejects a challenge that the medication plan was insufficiently individualized.
SCOTUS reverses COA order granting habeas relief because it relied on ground not raised by parties.
Terrence Clark v. Jeremiah Antoine Sweeney, USSC No. 25-52, 11/24/2025; Scotusblog page (with links to briefs and commentary)
SCOTUS reverses Fourth Circuit’s order granting habeas relief because the court relied on ground that was not presented by the parties.
SCOTUS: Mississippi statute mandating screening child witness from defendant violates right to confrontation.
Jeffrey Clyde Pitts v. Mississippi, USSC No. 24-1159, 11/24/2025; Scotusblog page (with links to briefs and commentary)
SCOTUS reverses conviction for child abuse because Mississippi law that requires screening at trial for child witnesses conflicted with the Sixth Amendment’s guarantee to face-to-face confrontation.
Defense Win: COA relies on Melanie L. and Virgil D. to reverse involuntary medication order
Outagamie County v. R.M.R., 2025AP561, 11/18/25, District III (ineligible for publication); case activity
In a strong defense win, COA rejects the County’s arguments and holds that the evidence is insufficient to support this medication order as the County failed to name the particular medication it sought to involuntarily administer.
In surprise PFR grant, SCOW indicates it will review requirements applicable to annual protective placement reviews
Racine County v. R.P.L., , 2025AP813-FT, petition for review of a unpublished decision of the court of appeals, granted 11/17/25
In a surprise grant outside the usual petition conference cycle, SCOW accepts review of a case involving the evidentiary requirements for an annual review of a protective placement issue.
Defense Win: In TPR rife with error, COA holds that court erroneously granted default judgment and clarifies ICWA voluntary termination procedure
Sheboygan County DH&HS v. Z.N., 2025AP1817, 11/7/25, District II (ineligible for publication); case activity
In an unpublished but citable case, COA clarifies there is no requirement that respondent appear in person for a voluntary termination of parental rights in an ICWA case and reverses the circuit court’s default finding.
COA holds that DHS may refile petition to revoke NGI committee’s conditional release after dismissal for violating 72-hour requirement
State v. Kyle A. Schaefer, 2023AP1747-CR, 11/18/25, District III (recommended for publication); case activity
Schaefer appeals from an order granting the Department of Health Services’ petition to revoke his conditional release under WIS. STAT. § 971.17(3)(e). When DHS originally detained Schaefer, it filed the required probable cause statement and petition to revoke his conditional release in the circuit court case but failed to timely submit the documents to “the regional office of the state public defender” within 72 hours as required by § 971.17(3)(e). After the circuit court dismissed the petition pursuant to State v. Olson, 2019 WI App 61, ¶2, 389 Wis. 2d 257, 936 N.W.2d 178, DHS refiled the same petition with a new date of detention. Schaefer’s conditional release was thereafter revoked on the second petition. COA affirms, holding that DHS may refile after a petition is dismissed for lack of compliance with § 971.17(3)(e).
COA approves ban on social media as condition of extended supervision in a decision recommended for publication.
State v. Jonathan James Petersen, 2024AP581-CR, 11/19/25, District II (recommended for publication); case activity (including briefs)
The COA recommended publication of its decision to affirm a ban on social media as a condition of extended supervision for a defendant convicted of stalking, false imprisonment, and making terrorist threats.
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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.