On Point blog, page 3 of 498

COA affirms denial of motion to suppress extension of stop and PBT results

State v. Paula Andrea Champion, 2025AP802, 8/18/26, District I (ineligible for publication); case activity

COA affirms circuit court’s denial of Paula Champion’s motion to suppress in appeal of PAC 1st judgment.

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COA clarifies ability of circuit court to enter default order for nonappearance in civil OWI matter

Lincoln County v. Kayla J. Ristau, 2024AP404, 8/25/26, District III (ineligible for publication); case activity

In a case interpreting a common scenario for some practitioners handling first offense OWIs, COA clarifies the ability of the circuit court to hold a defendant in default for nonappearance and reverses this default order.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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