On Point blog, page 1 of 496

Defense Win: COA affirms circuit court order suppressing blood test

State of Wisconsin v. Jorge Luis Perez-Aldape, 2026AP642-CR, 7/29/26, District II (ineligible for publication); case activity

In a unique OWI case, COA relies on SCOW guidance to uphold the circuit court’s order suppressing blood evidence due to a failure to read the person the Informing the Accused Form.

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COA holds that consent to blood test was voluntary and rejects challenges to OWI conviction

County of Milwaukee v. Troy Michael Tordoer, 2024AP2492, 7/28/26, District I (ineligible for publication); case activity

Although Tordoer claims that he was coerced into consenting to an evidentiary blood draw, COA agrees with the circuit court that Tordoer’s consent was voluntary.

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COA: Circuit court does not lose competency in TPR proceeding when it fails to comply with statutory requirement to hear testimony to support grounds for termination before accepting plea.

Barron County v. K.L.P., 2026AP460 & 2026AP461, 7/21/26, District III (ineligible for publication); case activity

The COA held that the circuit court did not lose competency to enter disposition orders in an action to terminate parental rights if it accepts a no-contest plea to the grounds for termination without hearing testimony, even if Wis. Stat. § 48.422(3) requires testimony.

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COA rejects sufficiency challenge to reasonable efforts requirement in continuing CHIPS TPR appeal

State v. S.G., 2026AP1078, 7/28/26, District I (ineligible for publication); case activity

“Stephanie” appeals the order terminating her parental rights to her son, “David.” She challenges the sufficiency of the evidence as to both of the grounds for termination alleged–continuing CHIPS and failure to assume parental responsibility. COA affirms.

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COA denies sentence credit for time spent serving later-vacated reconfinement sentence in decision recommended for publication

State v. Steven F. Zastrow, 2025AP2024, 7/21/26, District III (recommended for publication); case activity

Relying on Beets, COA concludes that Zastrow is not entitled to credit against a consecutive sentence for the time he spent serving a reconfinement sentence that was later vacated.

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COA rejects sufficiency challenges to ch. 51 commitment and medication orders

Fond du Lac County v. K.L.W., 2026AP87, 7/15/26, District II (ineligible for publication); case activity

COA concludes that the county presented sufficient evidence to establish “Karrie’s” dangerousness and incompetence to refuse medication. Accordingly, it affirms both orders.

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COA rejects venue-based challenge to juvenile waiver and affirms

State  v. D.R., 2024AP2196 & 2198, 7/8/26, District II (ineligible for publication); case activity

“Drew” appeals orders waiving juvenile court jurisdiction, arguing that the circuit court erred when it rejected his claim that the criminal venue statute prevents the court from considering waive and in applying the standard. COA rejects both claims and affirms.

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COA finds reasonable suspicion to extend traffic stop to investigate for OWI and probable cause to arrest.

Village of Grafton v. Blake S. Barnes, 2026AP160, 7/15/26, District II (ineligible for publication); case activity

The COA affirmed the circuit court’s order denying the defendant’s motion to suppress the fruits of his stop and arrest for speeding and operating while intoxicated where the defendant drove 48 miles per hour on a road posted for 25 miles per hour at 12:30 a.m., the officer smelled alcohol in the vehicle, the defendant exhibited glassy eyes, admitted he drank alcohol that night, and failed field sobriety tests.

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COA once again creates questions about the proper application of D.J.W. in recommitment appeals

Winnebago County v. J.S., 2025AP1865, 7/8/26, District II (ineligible for publication); case activity

In a recommitment appeal alleging a lack of sufficient findings, COA invokes a somewhat novel legal theory to excuse an oral ruling that it agrees could have been more thorough.

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COA finds challenge to contempt order in CHIPS case moot

Manitowoc County HSD v. K.H., 2025AP1865, 7/8/26, District II (ineligible for publication); case activity

Confronted with a relatively straightforward challenge to the circuit court’s discretion, COA finds that no exceptions to mootness require it to address K.H.’s arguments.

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