On Point blog, page 1 of 121

COA finds officer’s reference to an “automatic” revocation did not render consent to blood draw involuntary

City of Mequon v. Scott Sarver Lindvall, 2025AP1703, 5/13/26, District II (ineligible for publication); case activity

Although Lindvall seizes on the officer’s word choice in discussing the consequences of refusing to consent to an evidentiary blood draw, the Court ultimately finds his arguments unavailing and affirms.

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COA affirms convictions for election fraud and misconduct in public office by Milwaukee Election Commission’s deputy director.

State v. Kimberly D. Zapata, 2025AP425-CR, 5/12/26, District I (recommended for publication); case activity

The Deputy Director of the City of Milwaukee Election Commission was convicted at trial of election fraud and misconduct in public office after she had fictitious military absentee ballots sent to a state legislator to publicize the potential for election fraud with such ballots.  In a decision recommended for publication, the COA affirmed her convictions because the evidence was sufficient for the jury to find she “obtained” the ballots for purposes of election fraud and acted in her public capacity.

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COA reverses circuit court’s order denying transcript fee waiver

Village of Hales Corners v. Aman D. Singh, 2024AP2055 & 2024AP2056, 5/12/26, District I (ineligible for publication); case activity

The COA reversed the circuit court’s order denying the defendant’s request to waive the transcript fee for his appeals.

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COA concludes consent to blood draw was free and voluntary despite defendant’s aversion to needles.

Winnebago County v. Michael Jon Potratz, 2025AP1059, 4/29/26, District II (ineligible for publication); case activity

The COA affirmed the circuit court’s order denying the defendant’s motion to suppress the results of his blood draw based on the factors established by SCOW in Artic .

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COA again holds that Wisconsin’s implied consent law is constitutional, recommends opinion for publication

County of Trempealeau v. Layne Perry Stenberg, 2024AP281, 4/21/26, District III (recommended for publication); case activity

Stenberg argues that Wis. Stat. § 343.305(2), Wisconsin’s implied consent law, is unconstitutional, both facially and as applied to him. Specifically, he argues that the implied consent law violates the unconstitutional conditions doctrine by requiring him to “forfeit” his Fourth Amendment right to be free from unreasonable searches for the privilege of operating a motor vehicle on a public highway, and that it violates the least intrusive means test under the Fourth Amendment. COA rejects Stenberg’s arguments.

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COA determines any error by State commenting at trial on defendant asserting her right to silence was harmless.

State v. Elizabeth A. Erickson, 2025AP1150-CR, 4/22/26, District II (ineligible for publication); case activity

The COA affirmed the defendant’s conviction for disorderly conduct and the circuit court’s order denying the defendant’s motion for postconviction relief alleging her counsel was ineffective for failing to object to the State’s comments at trial that she did not tell police about a dog causing injuries to the victim.  The COA did not address whether the State’s comments violated the defendant’s right against self-incrimination, but determined any error was harmless.

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COA applies J.J., again holds failure to file petition and report doesn’t deprive circuit court of competency

Milwaukee County DHHS Aging and Disability Services v. B.C., 2024AP2521, 4/7/26, District I; case activity

Applying its recent decision published decision in Department on Aging v. J.J., COA again holds that the county’s failure to timely file the required petition and report to initiate the annual review does not deprive the circuit court of competency.

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COA: Restitution properly awarded to disorderly conduct victim where defendant fled in and did not return car jointly owned with victim.

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.

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SCOW issues powerful decision relevant to juveniles interrogated at school but denies relief under harmless error analysis

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.

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COA rejects facial challenge to Implied Consent Law; affirms denial of motion to suppress blood results

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.

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