On Point blog, page 1 of 1
COA: Evidence sufficient to convict for OWI when intoxicated driver found in the driver’s seat of his truck while parked in a ditch.
State of Wisconsin v. Robert W. Berghuis, 2025AP134-CR, District II, 8/6/25 (one-judge decision; ineligible for publication); case activity
The COA affirmed a jury’s guilty verdict for operating a vehicle while intoxicated, finding the evidence was sufficient that the driver operated the vehicle on a “highway” when law enforcement encountered the driver in the driver’s seat of his truck that was parked in a ditch.
COA approves what appears to be the 20th extension of an involuntary mental commitment order despite doctor’s “concerns” about medication regimen
Racine County v. D.S. 2025AP758-FT, 8/6/25, District II (ineligible for publication); case activity
COA rejects a battery of challenges to D.S.’s involuntary commitment and medication despite sharing some of the examining physician’s “concerns” about her situation.
COA affirms verdict finding grounds to terminate parental rights for failing to assume parental responsibilities.
Taylor County Human Services v. A.B., 2025AP633, 2025AP634, 2025AP635, 2025AP636, 7/29/25, District II (ineligible for publication); case activity
The COA affirms the circuit court’s orders terminating “Adam’s” parental rights, while emphasizing the heavy burden placed on the party seeking to overturn a jury’s verdict.
COA affirms order continuing protective placement
Racine County v. R.P.L., 2025AP813-FT, 7/30/25, District II (ineligible for publication); case activity
In an appeal from an annual protective placement review, R.P.L. escapes a finding of mootness but loses on the merits.
Defense win: Circuit court erred when it denied respondent’s request for fact witnesses to appear in person at ch. 51 trial
Washburn County v. L.R.Y., 2025AP272-FT, District 3, 7/22/25 (one-judge decision; ineligible for publication); case activity
“Lily” appeals an original commitment and involuntary med order, arguing that the circuit court violated her right to have the County’s fact witnesses testify in person. COA agrees that, under Wis. Stat. § 885.60(2)(d), the circuit court erred by failing to sustain Lily’s objection to the county’s fact witnesses appearing by video at the final hearing.
COA calculates discharge date on sentences for crimes committed between 1999 and 2003 in published case.
State of Wisconsin ex rel. Christopher P. Kawleski v. State, 2022AP1129, 7/3/25, District IV, (recommended for publication); case activity
COA recommends publication in a case addressing how to calculate the maximum discharge date for a defendant sentenced to a bifurcated sentence on a felony between 1999 and 2003 upon release from reconfinement after extended supervision was revoked.
COA holds that leaving section of municipal citation form blank does not invalidate citation
Village of Reeseville v. Frederick J. Prough, 2024AP1046, 7/3/25, District IV (ineligible for publication); case activity
In a case of potential interest to those litigating ordinance violations, COA holds that an alleged technical defect in the citation form does not void the citation itself.