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Latest from On Point

State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, affirming a per curiam court of appeals decision, case activity (including briefs)

The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and Sellers asked the COA to affirm DHA’s original decision not to revoke Sellers’s probation. The COA agreed with DHA and Sellers, reversing the…
Continue Reading SCOW affirms defense win in revocation case on deferential standard of review

Oneida County v. J.B., 2025AP213, 7/1/25, District III (one judge opinion, ineligible for publication); case activity

J.B. (“Joseph”) appeals the disposition terminating his parental rights to his son, “Isaac,” arguing that the circuit court failed to explicitly consider whether Isaac had substantial relationships with Joseph and members of his family. COA rejects Joseph’s arguments and affirms.

Isaac was five years old at the time of the jury trial on grounds and dispositional hearing. He was removed from Joseph’s…
Continue Reading COA affirms TPR disposition, holds circuit court properly exercised discretion as to substantial relationship factor

Jackson County Dept. of Health & Human Services v. A.M.N., 2024AP1166, 7/10/25, District IV (ineligible for publication); case activity

COA finds counsel’s performance deficient for failing to timely file affidavits opposing Jackson County’s motion for partial summary judgment regarding its petition to terminate A.M.N.’s parental rights.  But A.M.N. was not prejudiced because there is no reasonable probability that the affidavits would have created a genuine issue of material fact whether she had good cause for failing to contact…
Continue Reading COA: In TPR case, trial counsel’s performance was deficient for not timely filing affidavits opposing summary judgment, but respondent not prejudiced.

Washburn County v. D.C.R., 2024AP2443-FT, 7/8/25, District III (ineligible for publication); case activity
While D.C.R. wins some minor victories in this appeal, ultimately COA rejects his sufficiency challenges and affirms.
In this appeal from an order continuing a protective placement after an annual review, COA addresses two sufficiency challenges:
Primary Need for Residential Care and Custody
Under the statute, the County needed to prove that “Dwight” had “a primary need for residential care and custody.” § 55.08(1)(a).
Continue Reading COA affirms order continuing protective placement

State of Wisconsin ex rel. Christopher P. Kawleski v. State, 2022AP1129, 7/3/25, District IV, (recommended for publication); case activity
COA recommends publication in a case addressing how to calculate the maximum discharge date for a defendant sentenced to a bifurcated sentence on a felony between 1999 and 2003 upon release from reconfinement after extended supervision was revoked.
Christopher Kawleski was sentenced in 2001 to 2 years and 6 months of initial confinement and 17 years and 6 months…
Continue Reading COA calculates discharge date on sentences for crimes committed between 1999 and 2003 in published case.

Pierce County v. P.C.A., 2024AP1367, 7/1/25, District III (ineligible for publication); case activity

While affirming the circuit court continuing a protective placement order under Chapter 55 after a due process hearing (known as a Watts hearing), the COA clarified that, following previous due process hearings, documentary evidence that was admitted, and testimony that was accepted by the circuit court and incorporated into its findings, may be considered at subsequent due process hearings.

A protective placement order was entered…
Continue Reading COA holds that protective placement may be continued based on evidence from previous hearings

State v. C.J.L.,  2024AP1917, 7/3/25, District IV (1-judge decision, ineligible for publication); case activity

C.J.L. contests part of the restitution ordered in his juvenile case related to a theft and break in at a dance studio–restitution for a surveillance subscription purchased after the theft, and for damages to the studio’s dance floor. Because the juvenile statute, Wis. Stat. § 938.34(5)(a), permits restitution for physical injury to a person or damage to property only, the COA agrees with…
Continue Reading Defense win: COA reverses parts of juvenile restitution order

State v. Joan L. Stetzer, 2025 WI 34, 7/3/25, affirming an unpublished decision from COA; case activity

Faced with a unique fact pattern arising from an OWI prosecution, SCOW interprets Wisconsin’s coercion defense and finds that Stetzer is unable to prevail, regardless of the clearly sympathetic facts presented.

In a nutshell, the relevant facts in this appeal are as follows. Stetzer was a victim of domestic violence perpetrated by her husband for over a decade. (¶5).
Continue Reading In 5-1-1 decision, SCOW affirms COA decision rejecting domestic violence victim’s invocation of coercion defense

State v. Carl L. McAdory, 2025 WI 30, 7/1/25, case activity

A unanimous SCOW held that the circuit court had authority under Wis. Stat. 346.63(1)(c) to reinstate Carl McAdory’s conviction for operating a vehicle with a restricted controlled substance in his blood, which was dismissed when he was also convicted of operating a motor vehicle under the influence of a controlled substance that arose out of the same incident or occurrence, after the OWI conviction was vacated on…
Continue Reading SCOW affirms circuit court’s authority to reinstate previously dismissed conviction under 346.63(1)

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.

Under §940.04, performing an abortion is a felony. In response to SCOTUS’s decision overruling longstanding precedent enshrining a constitutional right to abortion, Attorney General Josh Kaul brought this action seeking a declaratory judgment that this law, which…
Continue Reading SCOW holds that statute criminalizing abortion cannot be enforced under doctrine of implied repeal

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.”

The subject of this Chapter 54 guardianship is Cory, a teenager with Down’s Syndrome and Autism Spectrum Disorder. (¶2). Cory’s parents divorced when he was young and he…
Continue Reading 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

State v. Samuel R. Osornio, 2024AP2368-CR, 6/26/25, 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 heroinn, 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…
Continue Reading Defense Win: COA grants new trial in multiplicity challenge to Len Bias case

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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. 

We know our readers may be scratching their heads as to why we are covering this somewhat high-profile non-criminal case involving Act 10. As is sometimes the case, however,

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

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.

Readers will likely be familiar with the substance of this appeal, as it involves an issue resolved by the Wisconsin Supreme Court in 2019, whether Wis. JI-140 unconstitutionally lowers the burden of

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Continue Reading Seventh Circuit rejects habeas appeal focusing on ‘search for the truth’ jury instruction

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

When this case was issued, 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.

Having written something of a record-breaking post in terms of word count, we’ll start our discussion with SCOW’s application of the law. Those looking to

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Continue Reading SCOW reverses defense win on speedy trial violation

As usual, we bring you coverage of COA’s orders regarding publication, this time for April, May and June.
In April, COA published one case relevant to our practice, State v. Jody William Solom, 2025 WI App 25. The case distinguishes an oft-cited recent defense win, Richey, and holds that officers had reasonable suspicion to conduct a traffic stop.
In May, COA published S.G. v. Wisconsin DCF, 2025 WI App 32. The case is a notable defense win…
Continue Reading Publication Orders for April, May and June