On Point

State v. Ayanna Chuntel McAfee, 2024AP1635-CR, petition for review of a summary disposition order of the court of appeals, granted 8/18/26; case activity

SCOW grants Ayanna McAfee’s petition for review to address whether the odor of cannabis alone provides probable cause to search a car.

State v. Desmond J. Wilhite, 2024AP2177-CR, petition for review of a published decision of the court of appeals, granted 8/18/26; case activity

SCOW grants the state’s petition in this defense win (see our post on the COA decision here), which held that Wis. Stat. § 971.17(3)(e) is facially unconstitutional to the extent that it permits a circuit court to revoke an NGI acquittee’s conditional release and to commit the acquittee to institutional care based solely on the violation of a court-ordered condition or department rule without proof of current dangerousness.

State v. Aaron AJ Bethke, 2025AP1383-CR, 8/4/26, District III; case activity (including briefs)

In a rare case where the State believes the pattern jury instructions get it wrong, COA asks SCOW to settle an important burden of proof issue for marijuana prosecutions.

Brian Lafferty and Katie Lafferty v. Jeff Pertl and Julie Driscoll, 2025AP414, 7/31/26, District II (recommended for publication); case activity

In one of the first published Wisconsin cases to apply SCOTUS’s evolving precedent on firearm possession, COA holds that at least some regulations placed on foster parents to limit access to firearms went too far.

State v. Matthew Guy O’Dierno, 2025AP1327, 8/6/26, District IV (not recommended for publication); case activity

COA holds that O’Dierno is entitled to sentence credit on new charges for his entire period of pretrial jail custody when a portion of the time was also spent completing a conditional jail sentence.

Town of Geneva v. Terry Douglas Litts, II, 2025AP1039, 8/5/26, District II (ineligible for publication); case activity

The COA rejected the defendant’s evidentiary challenges and affirmed his convictions after a court trial for operating under the influence and operating with a prohibited alcohol concentration.

State v. Derek A. Lamb, 2025AP824, 7/31/26, District IV (not recommended for publication); case activity

The COA reversed the circuit court’s order denying the defendant’s motion to suppress the fruits of a traffic stop where the only evidence of criminal activity was that the defendant was parked next to another vehicle on a dead-end road at 3 a.m. and the defendant attempted to avoid contact with law enforcement.

Jeffrey Hineman v. Daisy Chase, 7th Circuit Court of Appeals No. 25-2000, 7/20/26

The Seventh Circuit reversed the Eastern District of Wisconsin’s order granting a petition for habeas corpus after the petitioner was convicted of first-degree sexual assault in Racine County.  The Court held that SCOW’s decision that evidence favorable to the petitioner and not disclosed by the State was cumulative to evidence that was available to trial counsel was not contrary to clearly established federal law as determined by SCOTUS.

State of Wisconsin v. Jorge Luis Perez-Aldape, 2026AP642-CR, 7/29/26, District II (ineligible for publication); case activity

In a unique OWI case, COA relies on SCOW guidance to uphold the circuit court’s order suppressing blood evidence due to a failure to read the person the Informing the Accused Form.

County of Milwaukee v. Troy Michael Tordoer, 2024AP2492, 7/28/26, District I (ineligible for publication); case activity

Although Tordoer claims that he was coerced into consenting to an evidentiary blood draw, COA agrees with the circuit court that Tordoer’s consent was voluntary.