On Point blog, page 2 of 493

COA rejects challenges to TPR dispositional order

Brown County Health &Human Services v. J.L., 2026AP176, 5/1/26, District III (ineligible for publication); case activity

“Julie” challenges the circuit court’s exercise of discretion at disposition as to two factors of consideration. However, the deferential standard of review applicable to dispositional decisions results in affirmance.

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COA: Community caretaking function does not justify seizing a witness to a traffic accident.

State v. William A. Anderson, 2025AP796, 4/29/26, District II (ineligible for publication); case activity

The COA reversed the circuit court’s order denying the defendant’s motion to suppress because law enforcement’s community caretaker function did not justify seizing a possible witness to a motorcycle accident.

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COA affirms commitment order under third standard and finds Ch. 55 exception does not apply

Washington County v. J.E.C.2025AP2798, 4/29/26, District II (ineligible for publication); case activity

COA relies on the respondent’s frequent absconding from her group home to find dangerousness and also holds that the existing Ch. 55 order is insufficient to meet J.E.C.’s needs.

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COA concludes consent to blood draw was free and voluntary despite defendant’s aversion to needles.

Winnebago County v. Michael Jon Potratz, 2025AP1059, 4/29/26, District II (ineligible for publication); case activity

The COA affirmed the circuit court’s order denying the defendant’s motion to suppress the results of his blood draw based on the factors established by SCOW in Artic .

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COA holds officers had reasonable suspicion to justify Act 79 search of vehicle

State v. Shawn Clarke Spottswood, 2023AP1763-CR, 4/28/26, District III (ineligible for publication); case activity (including briefs)

Spottswood appeals the circuit court’s denial of his suppression motion after having entered a plea to receiving or concealing stolen property. On appeal, he again challenges the warrantless search of his vehicle, contending that law enforcement lacked reasonable suspicion that he had committed, was committing, or was about to commit an offense sufficient to justify the search under 2013 Wis. Act 79 and WIS. STAT. § 973.09(1d).

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COA interprets deferred judgment agreement and finds State was permitted to move to revoke outside of deferral period

State of Wisconsin v. Derrick John Grignon, 2024AP1595-CR, 4/28/26, District III (recommended for publication); case activity

In a decision recommended for publication, COA applies contract law principles to a deferred judgment agreement and finds that the State properly moved to revoke the agreement following Grignon’s noncompliance with its terms.

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COA rejects multiple challenges to TPR and affirms

Monroe County Department of Human Services v. A.S., 2026AP65-66, 4/23/26, District I (ineligible for publication); case activity

Although A.S. raises multiple challenges to this TPR, COA uniformly finds her arguments unavailing.

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Defense Wins: COA reverses commitment order and order to continue commitment based on insufficient evidence of dangerousness.

Jackson County v. D.C., 2025AP1838 & 2025AP1839, 4/23/26, District IV (ineligible for publication); case activity

The COA reversed D.C.’s commitment order and the order extending his commitment because the County did not meet its burden to establish he was dangerous.

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COA determines any error by State commenting at trial on defendant asserting her right to silence was harmless.

State v. Elizabeth A. Erickson, 2025AP1150-CR, 4/22/26, District II (ineligible for publication); case activity

The COA affirmed the defendant’s conviction for disorderly conduct and the circuit court’s order denying the defendant’s motion for postconviction relief alleging her counsel was ineffective for failing to object to the State’s comments at trial that she did not tell police about a dog causing injuries to the victim.  The COA did not address whether the State’s comments violated the defendant’s right against self-incrimination, but determined any error was harmless.

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Defense win: COA affirms circuit court order for plea withdrawal in yet another TPR burden of proof appeal

State v. D.H., 2025AP2668, 4/10/26, District I (ineligible for publication); case activity

Potentially reviving an issue many may have thought already settled, COA upholds the circuit court’s order for plea withdrawal in a case involving a deficient colloquy regarding the dispositional burden of proof in a TPR case.

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