On Point blog, page 1 of 11

COA rejects undeveloped challenges to speeding citation and affirms

County of Milwaukee v. Sharon A. Dawson, 2024AP584, 7/22/25, District I (ineligible for publication); case activity

Although Dawson challenges the actions of the Milwaukee Police in enforcing the traffic code as racial profiling, her her pro se arguments are too poorly pleaded for the Court to address them.

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COA affirms OWI conviction at trial, finding that nontestifying witness’s statements to 911 operator were not testimonial and defendant not subjected to custodial interrogation.

State v. Nelson Holmes, 2024AP1121, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity

The COA affirmed Nelson Holmes’ conviction at trial of operating a vehicle under the influence and with a prohibited alcohol concentration, finding that a witness’s statements to a 911 operator were not testimonial and were admissible as present sense  impressions, and that Holmes was not subjected to custodial interrogation when he made incriminating statements to police.

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COA upholds statute prohibiting possession of a firearm while intoxicated despite State’s failure to adequately litigate matter in circuit court

State v. Bernabe Gonzalez,  2024AP358-CR, 5/6/25, District I (1-judge decision, ineligible for publication); case activity

In what we believe is COA’s first foray into the vexing world of firearm regulation post-Bruen and RahimiCOA holds that Wisconsin’s statute prohibiting intoxicated persons from “going armed” passes muster under an originalist legal analysis.

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COA rejects challenges to extension and medication orders and affirms another Chapter 51

Racine County v. C.D.B., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); case activity

In “Banks’s” most recent appeal, he once again challenges the sufficiency of the evidence pertaining to his extension and medication orders. Like his last appeal, however, those arguments go nowhere.

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COA once again holds that a colloquy is not required before a person stipulates to a mental commitment order

Sheboygan County v. N.A.L., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); petition for review granted 5/21/25 case activity

In yet another appeal asking COA to clarify the procedure for accepting a stipulation to a mental commitment, COA refuses N.A.L.’s invitation to issue a precedential opinion and affirms based largely on a prior unpublished decision.

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Defense Win! COA remands for new CHIPS trial

State v. T.D.V., 2024AP2057-FT, 1/22/25, District II (ineligible for publication); case activity

The State fails to adequately respond to T.D.V.’s argument that his substitution request was improperly denied, so COA remands the matter for a new trial.

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Defense Win! Evidence insufficient to continue ch. 55 protective placement orders

Monroe County v. H.K.B., 2024AP1305, District 4, 1/16/25 (one-judge decision; ineligible for publication); case activity

On appeal from the two most recent Watts review hearings, the COA concludes that there was insufficient evidence for the protective placement order because the County failed to prove that H.K.B. was “so totally incapable of providing for . . . her own care or custody as to create a substantial risk of serious harm to . . . herself or others,” as required by § 55.08(1)(c).under Wis. Stat. § 55.08(1)(c).

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COA rejects challenges to continued protective placement and affirms

Wood County v. P.J.L., 2024AP2098-FT, 1/9/25, District IV (one-judge decision; ineligible for publication); case activity

In a chapter 55 appeal arising from a somewhat unusual posture–a continued protective placement order following a jury trial–COA’s invocation of an exceedingly deferential standard of review results in affirmance.

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COA rejects challenges to refusal finding; holds that refusal statute is not unconstitutional

State v. Albert A. Terhune, 2023AP353, 9/19/24, District IV (1-judge decision, ineligible for publication); case activity

In a somewhat complicated OWI appeal, COA ultimately affirms under well-settled legal standards.

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In published decision, COA holds that CR-215 procedure triggers attachment of right to counsel but denies relief given that law was “unsettled”

State v. Percy Antione Robinson, 2020AP1728-CR, 8/6/24, District I (recommended for publication); case activity

In a published decision that criminal practitioners have been waiting on for years, COA holds that a CR-215 probable cause procedure used to satisfy the requirements of Riverside triggers the attachment of the Sixth Amendment right to counsel.

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