On Point blog, page 1 of 123

COA dismissed pro se appellant’s appeal for failing to cite to the record or develop legal arguments.

State of Wisconsin v. Koslawandsky B. Harris, 2026AP462, 11/4/26, District II (not eligible for publication); case activity

The COA affirms pro-se appellant’s twenty-year old conviction because he did not comply with the Rules of Appellate Procedure.

Read full article >

COA upholds default order despite some “questionable” aspects of case, finds court properly exercised discretion at dispo

State v. S.B.T., 2026AP1890, 11/4/26, District II (ineligible for publication); case activity

Although S.B.T. presents a number of mitigating facts to excuse her nonappearance, COA holds the circuit court did not erroneously exercise its discretion and rejects her challenges to the disposition.

Read full article >

COA concludes that circuit court properly exercised discretion in imposing maximum term of NGI commitment and declines to impose additional requirements

State v. Gavin J. Balke, 2024AP579-CR, 10/13/26, District III (not recommended for publication); case activity

COA rejects Balke’s challenge to the length of his not guilty by reason of mental disease or defect (“NGI”) commitment, concluding that the record “amply supports the circuit court’s discretionary decision” to order the maximum commitment period possible and declines to apply sentencing law in the context of an NGI commitment.

Read full article >

COA rejects multiple challenges to TPR and affirms

Rock County Human Services Department v. T.S., 2026AP1628-29, 10/15/26, District IV (ineligible for publication); case activity

Although T.S. presents a medley of interesting legal challenges, COA beats backs those arguments and affirms.

Read full article >

COA holds that circuit court did not erroneously exercise discretion in refusing to reopen forfeiture case

Village of Whitefish Bay v. Ross Bolingbroke, 2025AP2547-52, 10/15/26, District I (ineligible for publication); case activity

COA affirms the court’s ruling that Bolingbroke’s audio-only Zoom appearance merited a default judgment and determines that medical evidence provided by Bolingbroke did not justify reopening the matter after a second missed court date.

Read full article >

COA affirms convictions for municipal ordinance violations because appellant did not obtain adequate record for appeal.

County of Monroe v. Nicholas H. Withey, 2025AP1802, 10/1/26, District IV (ineligible for publication); case activity

The COA affirmed the defendant-appellant’s convictions for disorderly conduct and resisting officer because the record was not sufficiently developed to review any issues on their merits.

Read full article >

Appellant forfeited right to challenge circuit court exercising concurrent jurisdiction with tribal court over guardianship proceeding because objection to jurisdiction not raised in circuit court.

Monroe County v. G.L.B., 2025AP2239, 9/24/26, District IV (ineligible for publication); case activity

The COA held that the appellant forfeited his right to appeal the circuit court exercising concurrent jurisdiction with the Ho-Chunk Nation tribal court on Monroe County’s guardianship petition because he did not raise his arguments in the circuit court.

Read full article >

Defense win: State may not refile charges that circuit court previously erroneously dismissed with prejudice

State v. Terry Lee Anderson, 2025AP1435, 9/17/26, District IV (not recommended for publication); case activity

Anderson appeals the judgment convicting him of three counts that the circuit court had, in a previous case, dismissed with prejudice. COA agrees that the circuit court lacked the authority to disregard its prior dismissal order as void, and remands with instructions that the court vacate the counts that were previously dismissed with prejudice.

Read full article >

COA certifies two more THC/hemp issues to SCOW.

State v. Kevin Jones, 2025AP1539-CR, 9/8/26, District IV; case activity (including briefs)

On the heels of its certification last month in Bethke (see our post here) asking SCOW to determine whether Wisconsin’s legalization of hemp requires the State to prove as an element of the offense of possessing tetrahydrocannabinols (THC) that a substance contains greater than 0.3 percent of THC, the COA certified two additional issues for SCOW.

Read full article >

COA asks SCOW to clarify what must be proven in THC cases

State v. Aaron AJ Bethke, 2025AP1383-CR, 8/4/26, District III; case activity (including briefs)

In a rare case where the State believes the pattern jury instructions get it wrong, COA asks SCOW to settle an important burden of proof issue for marijuana prosecutions.

Read full article >