On Point blog, page 1 of 495
COA issues 2nd Amendment decision on gun rights of foster parents
Brian Lafferty and Katie Lafferty v. Jeff Pertl and Julie Driscoll, 2025AP414, 7/31/26, District II (recommended for publication); case activity
In one of the first published Wisconsin cases to apply SCOTUS’s evolving precedent on firearm possession, COA holds that at least some regulations placed on foster parents to limit access to firearms went too far.
COA rejects evidentiary challenges to OWI conviction.
Town of Geneva v. Terry Douglas Litts, II, 2025AP1039, 8/5/26, District II (ineligible for publication); case activity
The COA rejected the defendant’s evidentiary challenges and affirmed his convictions after a court trial for operating under the influence and operating with a prohibited alcohol concentration.
Defense wins: COA finds defendant exercising his right to avoid contact with law enforcement did not provide reasonable suspicion for investigatory detention.
State v. Derek A. Lamb, 2025AP824, 7/31/26, District IV (not recommended for publication); case activity
The COA reversed the circuit court’s order denying the defendant’s motion to suppress the fruits of a traffic stop where the only evidence of criminal activity was that the defendant was parked next to another vehicle on a dead-end road at 3 a.m. and the defendant attempted to avoid contact with law enforcement.
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.
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.
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.
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.
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.
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.
In light of SCOW’s decision in M.J.B, COA reverses circuit court’s order dismissing Ch. 51 petition because expert report was not timely.
Ozaukee County v. T.D.D., 2025AP2257, 7/8/26, District II (ineligible for publication); case activity
The COA reversed the circuit court’s order dismissing Ozaukee County’s petition for commitment under Chapter 51 in light of SCOW’s decision in M.J.B. that failing to comply with the 48-hour deadline to make expert reports available to counsel did not divest the circuit court of competency.