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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.
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.
COA applies J.J., again holds failure to file petition and report doesn’t deprive circuit court of competency
Milwaukee County DHHS Aging and Disability Services v. B.C., 2024AP2521, 4/7/26, District I; case activity
Applying its recent decision published decision in Department on Aging v. J.J., COA again holds that the county’s failure to timely file the required petition and report to initiate the annual review does not deprive the circuit court of competency.
Seventh Circuit finds Wisconsin did not violate plaintiff’s civil rights by denying permit to carry a concealed weapon after court martial conviction for a misdemeanor drug offense.
Kenneth Karwacki v. Josh Kaul, No. 25-2361, 4/2/26
In a brief opinion affirming the district court’s order dismissing the plaintiff’s claims that Wisconsin violated his constitutional rights by denying his application for a permit to carry a concealed firearm, the Seventh Circuit Court provides a primer on the Full Faith and Credit Clause of the Constitution and summarizes recent federal cases addressing Second Amendment challenges to laws prohibiting possessing firearms due to criminal convictions.
COA: Defendant not entitled to return of property after he was charged with carrying a firearm where alcohol is sold, but charge was dismissed and read in.
State v. Joseph A. Wheat, 2024AP2369-CR, 4/8/26, District II (ineligible for publication); case activity
The COA held that the defendant was not entitled to have his firearm and ammunition returned to him or sold to a third party for his benefit after they were seized by police when he was charged with carrying a handgun where alcohol is sold and consumed. Although the charge was dismissed and read in, the COA considered the defendant admitted to committing the offense when he agreed to have it dismissed and read in.
COA finds evidence sufficient for Chapter 55 medication order
Winnebago County v. L.J.F.G., 2025AP2645-FT, 4/8/26, District II (ineligible for publication); case activity
In a rare appeal from an involuntary medication order related to a protective placement order, COA affirms despite some of the County’s missteps.
7th Circuit reverses Wisconsin defendant’s district court habeas win
Maurice J. Holt v. Gary Boughton, 7th Circuit Court of Appeals No. 24-3346, 3/30/26
Holt was tried and convicted of armed robbery and other crimes after three men entered an apartment and took property at gunpoint. After exhausting his state appeals, Holt sought habeas relief in federal court and the district court granted his petition. The 7th circuit disagrees and reverses.
COA: Although plea in TPR appears “questionable,” parent did not prove manifest injustice meriting plea withdrawal
State v. B.A.J., 2025AP1476-77, 4/2/26, District I (ineligible for publication); case activity
In a case that demonstrates the high burden that parents must satisfy to withdraw their pleas, COA affirms despite also acknowledging the “questionable” nature of this mentally ill parent’s plea.
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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.