On Point
View all >COA: Driver suspected of operating under the influence not entitled to alternative test to measure intoxication until arrest.
Portage County v. Adam N. Dombrowski, 2025AP204, 5/21/26, District IV (ineligible for publication); case activity
The COA held that a driver suspected of operating while intoxicated was not entitled to an alternative test to measure the driver’s blood, breath, or urine until he was arrested. The circuit court’s order denying the defendant’s motion to suppress the results of his blood test were therefore affirmed.
COA affirms TPR orders over sufficiency challenges
State v. M.G., 2025AP2883-2888, 5/15/26, District I (ineligible for publication); case activity
M.G. appeals orders terminating her parental rights to her six children on the basis that the circuit court erred when it found that the state had proven by clear and convincing evidence that child protective services made reasonable efforts and she failed to assume parental responsibility for the three youngest children. COA affirms.
SCOW accepts state’s petition on COA’s new trial grant for IAC in Len Bias case
State v. Samuel R. Osornio, 2024AP2368-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity
This is a Len Bias case in which the COA granted a new trial on the basis that Osornio showed there was at least a reasonable probability that he would not have been convicted of reckless homicide if the jury had been properly instructed from the start. SCOW will determine the burden of proof and whether COA diluted the reasonable probability standard for the prejudice prong of Osornio’s ineffective assistance of counsel claim.
SCOW to address whether a complete ban on using social media as a condition of extended supervision violates the First Amendment.
State v. Jonathan James Petersen, 2024AP581-CR, petition for review of a published court of appeals decision, granted 5/20/26; case activity
SCOW will address whether the First Amendment permits a circuit court to impose a complete ban on using social media as a condition of extended supervision.