On Point blog, page 2 of 499
COA holds that circuit court properly refused to reopen default judgments related to OWI tickets
Village of Whitefish Bay v. Ross Bolingbroke, 2025AP2035-36, 10/27/26, District I (ineligible for publication); case activity
Although Bolingbroke claims he was unable to attend court due to a medical issue, COA upholds the circuit court’s discretionary decision under these facts.
COA holds officer had sufficient PC to arrest based on odor of marijuana emitting from car
State of Wisconsin v. Gabriela Dominguez, 2025AP2666-CR, 10/21/26, District II (ineligible for publication); case activity
Relying on existing precedent, COA concludes a smell of marijuana from a car in which Dominguez was a passenger established probable cause to arrest.
COA determines issue preclusion justified granting motion to suppress where State did not produce witness at prior suppression hearing.
State v. Roosevelt L. Spencer, 2025AP1256, 10/20/26, District III (not recommended for publication); case activity
The COA affirmed the circuit court’s order granting the defendant’s motion to suppress based on issue preclusion where his motion was granted in a prior case, which was dismissed without prejudice, because the State’s only witness did not appear at the evidentiary hearing. The COA found the criteria for issue preclusion were established – that the matter was actually litigated previously and that applying issue preclusion comported with principles of fundamental fairness.
COA reverses protective placement for insufficient evidence.
Chippewa County v. N.M.E., 2026AP545, 10/13/26, District III (ineligible for publication); case activity
The COA reversed the circuit court’s order granting Chippewa County’s petition for protective placement because the evidence was insufficient to show that “Nora’s” cognitive decline presented a substantial risk of serious and foreseeable harm to her and because protective placement was not the least restrictive environment consistent with her needs.
COA rejects multiple challenges to TPR and affirms
Rock County Human Services Department v. T.S., 2026AP1628-29, 10/15/26, District IV (ineligible for publication); case activity
Although T.S. presents a medley of interesting legal challenges, COA beats backs those arguments and affirms.
COA finds that “impossibility” is not a defense to failure to assume a parental relationship; affirms TPR
State v. K.T.R., 2026AP929, 10/14/26, District II (ineligible for publication); case activity
COA holds that the jury’s “impossibility” finding with respect to the continuing CHIPS allegation does not “carry over” to the failure to assume ground and affirms an order terminating parental rights.
COA affirms dismissal without prejudice where State did not comply with Interstate Agreement on Detainers.
State v. Larry J. Rush, 2024AP522, 10/6/26, District III (ineligible for publication); case activity
The COA affirmed the circuit court’s order dismissing three misdemeanor charges without prejudice when the State did not comply with the Interstate Agreement on Detainers.
In decision recommended for publication, COA holds that investigating criminal record of a passenger is part of traffic stop “mission”
State v. Erik Howard Pantle, 2025AP2003-CR, 10/14/26, District II (recommended for publication); case activity
In a decision recommended for publication, COA reiterates that a dog sniff is not a search and that police do not unreasonably prolong a traffic stop by running a record check on the passengers in the car.
COA affirms denial of motion to suppress search of individual based on K9’s alert to driver’s car door
State v. Alan Joseph Lecher, 2026AP90-CR, 10/7/26, District II (ineligible for publication); case activity
COA affirms circuit court’s denial of Lecher’s motion to suppress law enforcement’s discovery of alprazolam tablets after a warrantless search, concluding that probable cause existed to search Lecher’s person.
COA holds that circuit court did not erroneously exercise discretion in refusing to reopen forfeiture case
Village of Whitefish Bay v. Ross Bolingbroke, 2025AP2547-52, 10/15/26, District I (ineligible for publication); case activity
COA affirms the court’s ruling that Bolingbroke’s audio-only Zoom appearance merited a default judgment and determines that medical evidence provided by Bolingbroke did not justify reopening the matter after a second missed court date.