On Point blog, page 2 of 497
COA relies on evidence from initial protective placement hearing to conclude current placement least restrictive where there is no evidence condition had changed and some evidence condition had deteriorated.
Door County v. R.A.W., 2026AP83, 8/18/26, District III (ineligible for publication); case activity
The COA affirmed the appellant’s protective placement in a 24-hour community based residential facility because evidence from the initial hearing and hearing to continue protective placement was sufficient to show that the current placement was the least restrictive in light of the appellant’s need for medication management and 24-hour supervision.
COA rejects circuit court’s factual findings in speeding appeal
State v. Jeremy Kris Pool, 2025AP1228, 8/20/26, District IV (ineligible for publication); case activity
In a rare case where COA opts to critique and then ultimately reject the factual findings of the circuit court, COA concludes the lower court erred in determining Pool’s speed. It rejects his argument that the citation was improperly amended during the trial.
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 grants sentence credit claim in authored decision
State v. Matthew Guy O’Dierno, 2025AP1327, 8/6/26, District IV (not recommended for publication); case activity
COA holds that O’Dierno is entitled to sentence credit on new charges for his entire period of pretrial jail custody when a portion of the time was also spent completing a conditional jail sentence.
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State v. Derek A. Lamb, 2025AP824, 7/31/26, District IV (not recommended for publication); case activity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.