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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 finds evidence sufficient, rejects DJW argument, and affirms 51 extension order
Winnebago County v. T.R.A., 2025AP2428, 6/24/26, District II (ineligible for publication); case activity
COA rejects T.R.A.’s reading of the statutory requirements, finds ample evidence of dangerousness, and affirms.
COA rejects ineffectiveness arguments in TPR and affirms
Green County v. K.M.S., 2025AP199, 6/18/26, District IV (ineligible for publication); case activity
Applying an exceptionally deferential review to K.M.S.’s ineffectiveness claims, COA affirms in the face of a somewhat confusing appellate record.
OP is back up and running!
Due to some IT issues, we’ve gone dark these last few weeks. Don’t worry–we’ve been caching posts for when we recovered access. Posts will be coming out fast and furious given the pace of decisions throughout our appellate courts, so keep an eye out here for new developments!
SCOTUS: Appeal waiver unenforceable if it results in miscarriage of justice
Hunter v. United States, USSC No. 24-1063, 6/18/2026, reversing a decision of the 5th Circuit, Scotusblog page (with links to briefs and commentary)
SCOTUS holds that a defendant’s agreement with the government not to appeal a sentence is unenforceable if it would result in a miscarriage of justice that would bring the judicial system into disrepute.
In narrow defense win, SCOTUS invalidates federal statute prohibiting firearm possession by drug users
United States v. Hemani, USSC No. 24-1234, 6/18/2026, affirming a decision of the 5th Circuit, Scotusblog page (with links to briefs and commentary)
In a unanimous decision, SCOTUS agrees that a federal statute permitting disarmament of persons who are “unlawful users” of controlled substances violates the Second Amendment.
Defense win: COA affirms order suppressing blood test evidence due to coercion
City of Antigo v. John Paul Fermanich, 2023AP1834, 6/16/26, District III (ineligible for publication); case activity
The City of Antigo appeals an order granting John Paul Fermanich’s motion to suppress blood evidence because Fermanich’s consent to the blood draw was coerced. COA affirms in this “close case” as it is the city’s burden to demonstrate that Fermanich freely and voluntarily consented to the warrantless blood draw.
COA affirms traffic judgment over pro se sufficiency challenges
County of Milwaukee v. Kent Austin Williams, 2025AP2110, 6/16/26, District I (ineligible for publication); case activity
Kent Austin Williams, pro se, challenges the circuit court’s judgment finding him guilty of speeding on the basis that Milwaukee County did not present sufficient evidence to support the violation. COA disagrees and affirms.
COA affirms juvenile adjudication, finds that juvenile’s writings were “true threats”
State v. I.T.S., 2025AP2517, 6/17/26, District II (ineligible for publication); case activity
Although I.T.S. argues that his writings composed during an in-school suspension were private and not true threats for the purposes of the First Amendment, COA affirms.
COA: Felony fleeing and resisting arrest are the “same act” for purposes of tolling statute of limitations.
State v. Aman D. Singh, 2025AP424, 6/16/26, District I (not recommended for publication); case activity
The COA held that felony fleeing and resisting arrest are the “same act” for purposes of tolling the statute of limitations.
Defense win: COA reverses TPR dispositional order
Waupaca County Department of Health & Human Services v. C.J.T., 2026AP794, 6/11/26, District IV (ineligible for publication); case activity
CJT appeals the circuit court order terminating his parental rights to his son, JJT, arguing that the court failed to demonstrate that it considered all of the required factors at disposition. Despite the deferential standard of review to a TPR dispositional order, COA agrees, reversing the termination order and remanding for a proper exercise of discretion.
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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.