On Point: 46. WI Court of Appeals

Brown County v. M.S., 2025AP1532, 2/3/26, District III (ineligible for publication); case activity

In yet another appeal focusing on Chapter 55’s dangerousness criterion, COA holds that while the County could have done a better job at this hearing, the evidence passes muster on appeal.

State v. Troy A. Wry, 2023AP561, 2/3/26, District III (ineligible for publication); case activity

Wry appeals his conviction for OWI 3rd, arguing the circuit court erred by denying his motion to suppress evidence because law enforcement lacked reasonable suspicion that Wry had committed, or was committing, an offense sufficient to conduct an investigatory stop of his vehicle. COA affirms.

State v. Noah Q. Mann-Tate, 2024AP2585-CR, 2/3/26, District I (recommended for publication); case activity

In a massively consequential decision, COA reaffirms the uniqueness of children facing criminal charges and finds our notoriously-stringent reverse waiver statute unconstitutional as a result.

State v. Jacobe Michael Gimmel, 2025AP1037 & 2025AP1537, 1/29/26, District IV (ineligible for publication); case activity

Gimmel appeals his conviction for OWI 2nd and the revocation of his driver’s license for refusing a chemical test. The sole issue in the consolidated appeal is whether the officer who stopped Gimmel had reasonable suspicion to do so. COA affirms, concluding the officer had reasonable suspicion that Gimmel had violated a local noise ordinance.

State v. Jeffrey Lee Buss, 2025AP392, 1/23/26, District IV (ineligible for publication); case activity

Although Buss makes some interesting arguments as to why he did not “refuse” the requested breath test, COA is unpersuaded and affirms.

State v. Jacob T. Thornburg,  2023AP600, 1/21/26, District IV (ineligible for publication); case activity

In an appeal following a bench trial for an alleged violation of the traffic code, COA rejects the pro se appellant’s arguments and affirms.

Chippewa County v. C.F., 2025AP1744, 1/21/26, District III (ineligible for publication); case activity

C.F. appeals the order terminating her parental rights to her son, arguing the circuit court erred by granting the county’s motion for partial summary judgment as to grounds. COA agrees that the order denying her visitation did not give adequate notice of the conditions she needed to meet in order to be granted visitation.

State of Wisconsin v. Brenda L. Roszina, 2024AP898, 1/13/26, District I (ineligible for publication); case activity

COA affirms the circuit court’s order denying the defendant’s motion to suppress the fruits of field sobriety tests because the investigatory stop did not ripen into an arrest without probable cause when police transported the defendant from a parking lot to the police station one mile away to perform the tests.

Columbia County v. T.R.B., 2025AP1972, 1/8/26, District IV (ineligible for publication); case activity

T.R.B. argues on appeal that the dangerousness evidence at the recommitment hearing was inadmissible hearsay, that the circuit court relied on that inadmissible hearsay in making its factual findings, and that with the hearsay evidence properly excluded, the county did not present sufficient evidence of his dangerousness. COA rejects his challenges, concluding that there was sufficient nonhearsay evidence in the record but looking to testimony from the initial commitment and taking judicial notice of outside facts.

State v. Nicholas L. Sparby-Duncan,2024AP1012-CR, 1/6/26, District III (recommended for publication); case activity

In an opinion recommended for publication, the COA affirmed the circuit court’s order denying Nicholas Sparby-Duncan’s motion to dismiss charges for failing to install an ignition interlock device (IID) and operating a motor vehicle with a prohibited alcohol concentration (PAC) above .02.  The COA found that the IID and PAC charges did not impose criminal penalties for Sparby-Duncan previously refusing to submit to a warrantless blood draw, although he was required to install an IID – which subjected him to the .02 PAC —  as a result of his 2008 conviction for refusing.