On Point blog, page 4 of 497

COA rejects ineffectiveness arguments in TPR and affirms

Green County v. K.M.S., 2025AP199, 6/18/26, District IV (ineligible for publication); case activity

Applying an exceptionally deferential review to K.M.S.’s ineffectiveness claims, COA affirms in the face of a somewhat confusing appellate record.

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Defense win: COA affirms order suppressing blood test evidence due to coercion

City of Antigo v. John Paul Fermanich, 2023AP1834, 6/16/26, District III (ineligible for publication); case activity

The City of Antigo appeals an order granting John Paul Fermanich’s motion to suppress blood evidence because Fermanich’s consent to the blood draw was coerced. COA affirms in this “close case” as it is the city’s burden to demonstrate that Fermanich freely and voluntarily consented to the warrantless blood draw.

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COA affirms traffic judgment over pro se sufficiency challenges

County of Milwaukee v. Kent Austin Williams, 2025AP2110, 6/16/26, District I (ineligible for publication); case activity

Kent Austin Williams, pro se, challenges the circuit court’s judgment finding him guilty of speeding on the basis that Milwaukee County did not present sufficient evidence to support the violation. COA disagrees and affirms.

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COA affirms juvenile adjudication, finds that juvenile’s writings were “true threats”

State  v. I.T.S., 2025AP2517, 6/17/26, District II (ineligible for publication); case activity

Although I.T.S. argues that his writings composed during an in-school suspension were private and not true threats for the purposes of the First Amendment, COA affirms.

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COA: Felony fleeing and resisting arrest are the “same act” for purposes of tolling statute of limitations.

State v. Aman D. Singh, 2025AP424, 6/16/26, District I (not recommended for publication); case activity

The COA held that felony fleeing and resisting arrest are the “same act” for purposes of tolling the statute of limitations.

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Defense win: COA reverses TPR dispositional order

Waupaca County Department of Health & Human Services v. C.J.T., 2026AP794, 6/11/26, District IV (ineligible for publication); case activity

CJT appeals the circuit court order terminating his parental rights to his son, JJT, arguing that the court failed to demonstrate that it considered all of the required factors at disposition. Despite the deferential standard of review to a TPR dispositional order, COA agrees, reversing the termination order and remanding for a proper exercise of discretion.

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COA: To continue protective placement, county does not need to show prior instances of specific harm to prove substantial risk of future harm.

Ozaukee County v. J.J.W., 2025AP1702, 6/3/26, District II (ineligible for publication); case activity

The COA affirmed the circuit court’s order continuing “Jacob’s” protective placement and determined the County did not need to establish a substantial risk of future harm by presenting evidence of previous harm identical to the harm that is anticipated.

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COA: Driver suspected of operating under the influence not entitled to alternative test to measure intoxication until arrest.

Portage County v. Adam N. Dombrowski, 2025AP204, 5/21/26, District IV (ineligible for publication); case activity

The COA held that a driver suspected of operating while intoxicated was not entitled to an alternative test to measure the driver’s blood, breath, or urine until he was arrested.  The circuit court’s order denying the defendant’s motion to suppress the results of his blood test were therefore affirmed.

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COA affirms TPR orders over sufficiency challenges

State v. M.G., 2025AP2883-2888, 5/15/26, District I (ineligible for publication); case activity

M.G. appeals orders terminating her parental rights to her six children on the basis that the circuit court erred when it found that the state had proven by clear and convincing evidence that child protective services made reasonable efforts and she failed to assume parental responsibility for the three youngest children. COA affirms.

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COA addresses multi-pronged attack on TPR orders and affirms

State v. J.G., III, 2025AP469-474, 5/15/26, District I (ineligible for publication); case activity

Although J.G. levies a number of appellate attacks, COA finds his arguments uniformly unavailing and affirms.

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