On Point blog, page 1 of 8

Defense win: COA upholds jury’s verdict in favor of TPR respondent

J.R.P. v. W.P.M., 2024AP1535, 2/19/26, District IV (ineligible for publication); case activity

In a rare sufficiency challenge pursued by the petitioner, COA applies a deferential standard of review and affirms.

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COA finds there was sufficient evidence of obstructing and affirms

State v. Kyle R. Appel, 2023AP2083-CR, 2/17/26, District III (ineligible for publication); case activity

Applying a standard of review exceptionally deferential to a jury’s decision to convict, COA distinguishes Appel’s proffered authority and affirms.

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COA rejects challenge to TPR dispositional order and affirms

State v. L.Z., 2025AP2731-32, 2/17/26, District I (ineligible for publication); case activity

Although L.Z. tries to capitalize on certain statements in the court’s oral ruling as giving a foothold for her appellate challenge, the standard of review means the argument attacking a discretionary decision goes nowhere.

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COA rejects challenges to discretionary order in CHIPS case and affirms

State v. A.B., Jr.,  2024AP2454-56, 12/16/25, District II (ineligible for publication); case activity

In a rare CHIPS appeal, COA applies the discretionary standard of review and affirms.

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COA holds that trial court did not err in finding that defendant could be restored to competency

State v. T.R.T., 2025AP387-CR, 6/19/25, District IV (not recommended for publication); case activity

Although it acknowledges uncertainty as to the appropriate standard of review, COA ultimately affirms the circuit court’s order under a clearly erroneous standard.

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SCOW relies on deferential standard of review to reject allegation that Zoom procedure violated defendant’s due process rights

State v. Kordell Grady, 2025 WI 22, 6/13/25, affirming COA’s summary disposition order; case activity

Although SCOW presumably took this case to clarify the rules of Zoom court–and the oral argument focused intensely on such questions–SCOW ultimately opts to issue a decision which makes no substantive law and denies relief based on what it claims is a deferential review of the circuit court’s factual findings.

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COA holds prior recantation of allegation made by alleged victim against same defendant inadmissible for impeachment

State v. Johnny Ray Martin, 2023AP603, 5/28/25, District III (1-judge decision, ineligible for publication); case activity

COA rejects Martin’s claims that the circuit court erroneously exercised its discretion by denying his attempt to impeach the alleged victim with her prior recantation of a separate incident, and that defense counsel was ineffective by failing to adequately investigate the recantation, prepare to address the recantation at trial, and argue the issue under the correct legal theory.

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COA holds that warrantless entry to home, authorized by young child, did not violate defendant’s Fourth Amendment rights

State v. Peter J. Long, 2024AP1249-CR, 5/28/25, District II (not recommended for publication); case activity

While Long’s appeal presents some superficially interesting legal issues, ultimately COA’s dereference to the circuit court’s underlying factual findings govern the outcome here.

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COA affirms juvenile waiver decision despite judge’s mistaken belief about SJO program

State v. J.A.V.,  2024AP2081, 4/23/25, District I (1-judge decision, ineligible for publication); case activity

COA rejects two claims relating to the circuit court’s discretionary decision, including an argument that the circuit court relied on inaccurate information regarding the SJO program.

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COA affirms default finding in TPR due to single missed court date

State v. A.L., 2025AP177, 4/22/25, District I (1-judge decision, ineligible for publication); case activity

Despite the respondent’s claim that she was never given notice of the time for a jury status hearing, COA affirms the circuit court’s default finding.

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