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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: Community caretaking function does not justify seizing a witness to a traffic accident.
State v. William A. Anderson, 2025AP796, 4/29/26, District II (ineligible for publication); case activity
The COA reversed the circuit court’s order denying the defendant’s motion to suppress because law enforcement’s community caretaker function did not justify seizing a possible witness to a motorcycle accident.
COA affirms commitment order under third standard and finds Ch. 55 exception does not apply
Washington County v. J.E.C., 2025AP2798, 4/29/26, District II (ineligible for publication); case activity
COA relies on the respondent’s frequent absconding from her group home to find dangerousness and also holds that the existing Ch. 55 order is insufficient to meet J.E.C.’s needs.
COA concludes consent to blood draw was free and voluntary despite defendant’s aversion to needles.
Winnebago County v. Michael Jon Potratz, 2025AP1059, 4/29/26, District II (ineligible for publication); case activity
The COA affirmed the circuit court’s order denying the defendant’s motion to suppress the results of his blood draw based on the factors established by SCOW in Artic .
COA holds officers had reasonable suspicion to justify Act 79 search of vehicle
State v. Shawn Clarke Spottswood, 2023AP1763-CR, 4/28/26, District III (ineligible for publication); case activity (including briefs)
Spottswood appeals the circuit court’s denial of his suppression motion after having entered a plea to receiving or concealing stolen property. On appeal, he again challenges the warrantless search of his vehicle, contending that law enforcement lacked reasonable suspicion that he had committed, was committing, or was about to commit an offense sufficient to justify the search under 2013 Wis. Act 79 and WIS. STAT. § 973.09(1d).
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.
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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.