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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 holds that leaving section of municipal citation form blank does not invalidate citation

Village of Reeseville v. Frederick J. Prough, 2024AP1046, 7/3/25, District IV (ineligible for publication); case activity

In a case of potential interest to those litigating ordinance violations, COA holds that an alleged technical defect in the citation form does not void the citation itself.

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SCOW holds that statute criminalizing abortion cannot be enforced under doctrine of implied repeal

Josh Kaul, et al., v. Joel Urmanski, et al., 2025 WI 32, 7/2/25, on bypass from COA; case activity

In a long-awaited decision, SCOW holds that a criminal statute forbidding abortion cannot be enforced under the doctrine of implied repeal.

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COA holds that a Ch. 54 guardian does not violate statute prohibiting “isolation” from family members when restricting contact is in ward’s best interest

Kelly R. Rose v. C.R.R., 2024AP1450, 7/2/25, District II (recommended for publication); case activity

In an interesting statutory construction appeal, COA holds that “a guardian’s determination that denying contact with a family member is in the ward’s best interest is not cause for court action against a guardian.”

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Defense Win: COA grants new trial in multiplicity challenge to Len Bias case

State v. Samuel R. Osornio, 2024AP2368-CR, decision originally issued 6/25/25, subsequently withdrawn, reissued 7/18/25, District 4, (recommended for publication); case activity (including briefs)

Osornio argues that he is entitled to a new trial because the state charged him with both reckless homicide by delivery of heroin, based on allegations that he delivered heroin to A.B. and A.B. fatally overdosed on this heroin, and, separately, with delivery of the same heroin to A.B. (¶1). COA reverses, concluding that the two counts were multiplicitous, as Osornio was exposed to the potential for punishment twice for the same offense of delivering heroin to A.B. (¶3).

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Seventh Circuit rejects habeas appeal focusing on “search for the truth” jury instruction

Michael Williams v. Michael Meisner, No. 23-3268, 6/16/25

In a case that likely signals the end of a long legal battle over a Wisconsin jury instruction telling jurors to “search for the truth,” the Seventh Circuit holds that the petitioner is not entitled to habeas relief.

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SCOW: Four justices signal willingness to revisit precedent governing statutory interpretation

Service Employees International Union Healthcare Wisconsin v. Wisconsin Employment Relations Commission, 2025 WI 29, 6/27/25, on bypass from the court of appeals; case activity

In a unanimous non-criminal appeal, four justices issue a concurrence signaling their willingness to revisit Wisconsin’s method of statutory construction as set forth in Kalal. 

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In a decision accusing referee of “victim-blaming,” SCOW rejects proposed disciplinary sanction and revokes license of former prosecutor

OLR v. Daniel P. Steffen, 2023AP1511-D, 7/1/25, per curiam decision of the Wisconsin Supreme Court (in its disciplinary capacity).

In a decision of potential interest to criminal practitioners, SCOW revokes the license of a prosecutor who has been criminally sentenced for sex crimes.

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SCOW reverses defense win on speedy trial violation, overrules Borhegyi, and holds that 46-month delay did not violate federal constitution

State v. Luis A. Ramirez, 2025 WI 28, 6/27/25, reversing a published decision from COA; case activity

When this case was issued in COA, we got excited and informed our readers that this “big defense win” was an important decision on the speedy trial right. However, SCOW now unanimously reverses in favor of the State.

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Publication Orders for April, May and June

As usual, we bring you coverage of COA’s orders regarding publication, this time for April, May and June.

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COA holds that trial court did not err in finding that defendant could be restored to competency

State v. T.R.T., 2025AP387-CR, 6/19/25, District IV (not recommended for publication); case activity

Although it acknowledges uncertainty as to the appropriate standard of review, COA ultimately affirms the circuit court’s order under a clearly erroneous standard.

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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.