On Point blog, page 3 of 499
Defense win: COA reverses protective placement due to insufficient evidence of condition causing incapacity
Calumet County v. S.A., 2026AP1076, 10/7/26, District II (ineligible for publication); case activity
COA reverses S.A.’s protective placement, concluding that the county failed to present sufficient evidence that her incapacity is a result of developmental disability, degenerative brain disorder,
serious and persistent mental illness, or other like incapacities.
COA rejects attempt to distinguish SCOW precedent and finds dangerousness in Ch. 51
Washington County v. P.B.T., 2026AP1230, 9/23/26, District II (ineligible for publication); case activity
Although P.B.T. tries to argue that the plain text of the statute precluded a finding of dangerousness, COA finds his argument foreclosed by existing precedent interpreting that statute and affirms.
COA rejects multiple challenges to appointment of guardian for child
Monroe County v. T.L.B., 2025AP2519, 9/24/26, District IV (ineligible for publication); case activity
T.L.B. appeals an order appointing a guardian of the person for her minor child, G.L.W., under WIS. STAT. § 48.977. She makes numerous arguments, including that the circuit court applied the incorrect legal standard and that its conclusions were erroneous. COA affirms.
COA affirms convictions for municipal ordinance violations because appellant did not obtain adequate record for appeal.
County of Monroe v. Nicholas H. Withey, 2025AP1802, 10/1/26, District IV (ineligible for publication); case activity
The COA affirmed the defendant-appellant’s convictions for disorderly conduct and resisting officer because the record was not sufficiently developed to review any issues on their merits.
Appellant forfeited right to challenge circuit court exercising concurrent jurisdiction with tribal court over guardianship proceeding because objection to jurisdiction not raised in circuit court.
Monroe County v. G.L.B., 2025AP2239, 9/24/26, District IV (ineligible for publication); case activity
The COA held that the appellant forfeited his right to appeal the circuit court exercising concurrent jurisdiction with the Ho-Chunk Nation tribal court on Monroe County’s guardianship petition because he did not raise his arguments in the circuit court.
Defense win: State may not refile charges that circuit court previously erroneously dismissed with prejudice
State v. Terry Lee Anderson, 2025AP1435, 9/17/26, District IV (not recommended for publication); case activity
Anderson appeals the judgment convicting him of three counts that the circuit court had, in a previous case, dismissed with prejudice. COA agrees that the circuit court lacked the authority to disregard its prior dismissal order as void, and remands with instructions that the court vacate the counts that were previously dismissed with prejudice.
COA holds that trial attorney had no duty to ensure his client reviewed video evidence before pleading guilty
State v. Corey L. Gransberry, 2025AP1770-CR, 9/9/26, District I (recommended for publication); case activity
Although Gransberry tries to develop a novel ineffectiveness claim, COA rejects his arguments based on an alleged failure to review certain evidence and affirms.
COA rejects claim that consent to blood draw given by injured motorist was involuntary
State v. Bailey Reed Vande Slunt, 2025AP2284-CR, 9/9/26, District II (ineligible for publication); case activity
Although Vande Slunt argues that his condition following a significant car crash rendered his consent involuntary, COA rejects his reliance on a persuasive federal case and affirms.
COA affirms TPR order over erroneous exercise challenge
State v. E.L., 2026AP1497, 9/9/26, District I (ineligible for publication); case activity
“Emily” appeals the circuit court’s order terminating her parental rights to her child, “Gretchen,” arguing that the court erroneously exercise of discretion when it found that termination was in Gretchen’s best interests. Emily claims the court failed to consider whether Gretchen had substantial relationships with other family members, and whether it would be harmful to her if those relationships were severed. COA affirms.
COA certifies two more THC/hemp issues to SCOW.
State v. Kevin Jones, 2025AP1539-CR, 9/8/26, District IV; case activity (including briefs)
On the heels of its certification last month in Bethke (see our post here) asking SCOW to determine whether Wisconsin’s legalization of hemp requires the State to prove as an element of the offense of possessing tetrahydrocannabinols (THC) that a substance contains greater than 0.3 percent of THC, the COA certified two additional issues for SCOW.