On Point

Ryan W. Milbeck v. Allison George, et al., Seventh Circuit Court of Appeals No. 25-1061, 3/30/26 (per curiam)

Ryan Milbeck filed a federal civil suit alleging the defendants – including the Village of Rothschild, Kenosha County, and individual law enforcement officers – violated his civil rights by entering his home and arresting him without a warrant or probable cause.  Milbeck appealed the district court’s order dismissing all claims because the officers had probable cause to arrest Milbeck and some of the defendants were entitled to absolute immunity.  (Slip op. at p. 2).  Although the case primarily concerned the pleading requirements for federal civil rights claims, which are beyond this publication’s purview, the Seventh Circuit provided a useful primer on Wisconsin’s temporary felony want procedure.

State v. Alexander C. Beaver, 2025AP1768-CR, 4/1/26, District II (ineligible for publication); case activity

The COA affirmed the circuit court’s award of restitution to a disorderly conduct victim where the defendant fled the scene in a vehicle jointly owned by the victim and the defendant and did not return the vehicle.

State v. Jasmine C. Daniels, 2025AP74-CR, 3/31/26, District I (not recommended for publication); case activity

In a citable opinion, COA issues a rare defense win, finding the circuit court’s findings of fact clearly erroneous.

Chong L. Lee v. Bradley Mlodzik, 7th Circuit Court of Appeals No. 24-2647, 3/24/26

“The State of Wisconsin violated Chong Lee’s Fourteenth Amendment Due Process rights while prosecuting him for murder[,]” as it failed to disclose that it had interviewed 3 eyewitnesses and intentionally destroyed recordings of those interviews to ensure he could not obtain them. Despite these Brady and Trombetta/Youngblood violations, the 7th Circuit affirms the remedy applied by the state trial court.

State v. K.R.C., 2026 WI 10, 3/26/26, reversing an unpublished decision of the court of appeals; case activity

While SCOW denies relief to K.R.C., it issues a strongly worded decision that will help vindicate the constitutional rights of children interacting with school resource officers on campus.

State of Wisconsin v. Brandon L. Strickland, 2024AP2376-CR, 3/17/26, District III (not recommended for publication); case activity

The COA determined that law enforcement’s community caretaking function justified an officer to direct a person out of his vehicle after the officer found the person asleep at the wheel while the car was parked in his driveway.  And because the officer developed reasonable suspicion that the suspect used and possessed a controlled substance and was on probation, the officer lawfully searched the vehicle under Act 79.

Fond du Lac County v. S.R.H., 2025AP2727-FT, 3/18/26, District II (ineligible for publication); case activity

“Seth” challenges the 2025 extension of his ch. 51 commitment, contending that Fond du Lac County failed to introduce clear and convincing evidence to support the conclusion that he is dangerous pursuant to either WIS. STAT. § 51.20(1)(a)2.b. or 51.20(1)(am) and that the circuit court therefore erred in entering the extension order on those grounds. COA affirms.

State v. Conor Alexander Noble, 2025AP811-CR, 3/11/26, District II (1 judge opinion, ineligible for publication); case activity

COA rejects Noble’s facial unconstitutionality challenge to Wisconsin’s Implied Consent Law (ICL) and affirms the circuit court’s denial of Noble’s motion to suppress the blood draw results for lack of voluntary consent.

Sawyer County Health & Human Services v. D.K., 2025AP2832, 3/12/26, District III (ineligible for publication); case activity

The COA reversed the order terminating “Daniel’s” parental rights after summary judgment was granted at the grounds phase because genuine issues of material fact exist whether the County made reasonable efforts to provide services.

S.G. v. Wisconsin DCF & Waupaca County, 2024AP472, petition for review of a published decision of the court of appeals, granted 3/11/26

In a case that will impact an important procedural aspect of certain CHIPS cases, SCOW accepts review of Waupaca County’s petition seeking to reverse (something of) a defense win.