On Point blog, page 2 of 484
Defense wins: COA reverses protective placement due to insufficiency of the evidence
Wood County v. J.A.B., 2025AP220, 8/21/25, District IV (ineligible for publication); case activity
The COA reversed the circuit court’s order for protective placement because the County did not establish that J.A.B. was so totally incapable of providing for her own care as to create a substantial risk of serious harm to herself or others.
COA rejects “impermissible extension” challenge to traffic stop in OWI appeal
Fond du Lac County v. Andrew Joseph Ludwig, 2025AP183, 8/20/25, District II (one-judge decision; ineligible for publication); case activity
Ludwig appeals from a judgment convicting him of OWI 1st, and challenges the order denying his suppression motion. He contends that the sheriff deputies “unconstitutionally detain[ed him]” by failing to conduct the OWI investigation in a sufficiently diligent manner. COA disagrees and affirms.
COA rejects arguments that admission to grounds was not knowingly, intelligently and voluntarily entered, factual basis was insufficient, and trial counsel was ineffective in TPR appeal
Crawford County v. M.W., 2025AP302, 8/14/25, District IV (ineligible for publication); case activity
Despite concluding that M.W.’s plea colloquy was “lacking in certain respects” on the circuit court’s part, COA holds that the record supports the court’s postdisposition conclusion that M.W. knowingly, intelligently, and voluntarily entered his admission. COA also rejects M.W.’s arguments that the county failed to establish a factual basis and that trial counsel was ineffective.
In complex statutory construction case, COA clarifies authority of DNR wardens to conduct OWI investigation
State v. John R. Phelan, 2024AP777-CR, 8/14/25, District IV (recommended for publication); case activity
In a very complex analysis of the statutes which empower DNR wardens, COA holds that the warden in this case had authority to seize Phelan for suspected littering, validly detained him after obtaining probable cause that he possessed THC, but violated the law by conducting an investigation into an OWI.
COA concludes testimony alone, with no physical evidence, is sufficient to affirm conviction for driving faster than was reasonable and prudent.
Dane County v. Trent Joseph Meyer, 2024AP1630, 8/14/25, District IV (ineligible for publication); case activity
The COA affirmed a conviction for driving faster than was reasonable and prudent under the conditions where the defendant drove 20 miles-per-hour above the speed limit and came “close” to other cars’ bumpers.
Defense Win: Court commissioner lacked authority to conduct trial in traffic forfeiture case
Waushara County v. Beatrice Bruning, 2025AP300, 8/7/25, District IV (ineligible for publication); case activity
In a case with a slightly convoluted procedural history, COA accepts the County’s concession that traffic citations are invalid as they resulted from a trial conducted before a court commissioner instead of a circuit court judge.
COA: Sufficient evidence to convict for OWI on a “highway” where 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 holds that “exonerated” inmate has not proven his innocence in order to obtain statutory compensation
Mario Victoria Vasquez v. State of Wisconsin Claims Board, 2023AP1764, 8/5/25, District III (not recommended for publication); case activity
In a rare appeal focusing on the statutory right to compensation for the wrongly convicted, COA holds that Vasquez–despite having been freed from prison–cannot prove his innocence in this unique administrative forum.
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.