On Point blog, page 1 of 266

COA finds sufficient evidence of dangerousness and affirms protective placement

Brown County v. M.S., 2025AP1532, 2/3/26, District III (ineligible for publication); case activity

In yet another appeal focusing on Chapter 55’s dangerousness criterion, COA holds that while the County could have done a better job at this hearing, the evidence passes muster on appeal.

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COA affirms circuit court’s finding of reasonable suspicion for traffic stop resulting in OWI 3rd

State v. Troy A. Wry, 2023AP561, 2/3/26, District III (ineligible for publication); case activity

Wry appeals his conviction for OWI 3rd, arguing the circuit court erred by denying his motion to suppress evidence because law enforcement lacked reasonable suspicion that Wry had committed, or was committing, an offense sufficient to conduct an investigatory stop of his vehicle. COA affirms.

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COA affirms traffic stop for reasonable suspicion of noise ordinance violation

State v. Jacobe Michael Gimmel, 2025AP1037 & 2025AP1537, 1/29/26, District IV (ineligible for publication); case activity

Gimmel appeals his conviction for OWI 2nd and the revocation of his driver’s license for refusing a chemical test. The sole issue in the consolidated appeal is whether the officer who stopped Gimmel had reasonable suspicion to do so. COA affirms, concluding the officer had reasonable suspicion that Gimmel had violated a local noise ordinance.

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COA rejects novel refusal argument and affirms

State v. Jeffrey Lee Buss, 2025AP392, 1/23/26, District IV (ineligible for publication); case activity

Although Buss makes some interesting arguments as to why he did not “refuse” the requested breath test, COA is unpersuaded and affirms.

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COA rejects sufficiency challenge for failure to control vehicle

State v. Jacob T. Thornburg,  2023AP600, 1/21/26, District IV (ineligible for publication); case activity

In an appeal following a bench trial for an alleged violation of the traffic code, COA rejects the pro se appellant’s arguments and affirms.

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Defense win: COA holds that court erroneously granted partial summary judgment in TPR

Chippewa County v. C.F., 2025AP1744, 1/21/26, District III (ineligible for publication); case activity

C.F. appeals the order terminating her parental rights to her son, arguing the circuit court erred by granting the county’s motion for partial summary judgment as to grounds. COA agrees that the order denying her visitation did not give adequate notice of the conditions she needed to meet in order to be granted visitation.

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COA: OWI suspect was not under arrest when transported to police station to perform field sobriety tests.

State of Wisconsin v. Brenda L. Roszina, 2024AP898, 1/13/26, District I (ineligible for publication); case activity

COA affirms the circuit court’s order denying the defendant’s motion to suppress the fruits of field sobriety tests because the investigatory stop did not ripen into an arrest without probable cause when police transported the defendant from a parking lot to the police station one mile away to perform the tests.

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COA relies on testimony from initial commitment hearing and judicial notice of CCAP records to affirm ch. 51 recommitment

Columbia County v. T.R.B., 2025AP1972, 1/8/26, District IV (ineligible for publication); case activity

T.R.B. argues on appeal that the dangerousness evidence at the recommitment hearing was inadmissible hearsay, that the circuit court relied on that inadmissible hearsay in making its factual findings, and that with the hearsay evidence properly excluded, the county did not present sufficient evidence of his dangerousness. COA rejects his challenges, concluding that there was sufficient nonhearsay evidence in the record but looking to testimony from the initial commitment and taking judicial notice of outside facts.

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COA expresses skepticism about window tint argument and upholds OWI stop

State v. Joseph M. Heroff,  2025AP684-CR, 12/23/25, District II (ineligible for publication); case activity

COA applies general reasonable suspicion principles to uphold a stop based on overly dark tint, holding that the officer’s testimony was sufficient and that he did not need to articulate any specific expertise as to the legal tint percentage.

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COA dismisses appeal related to remedial sanction for contempt of court for nonparty in CHIPS case

Manitowoc County HSD v. K.H., 2024AP1717, District II, 12/23/25, 1-judge decision ineligible for publication; case activity (including briefs)

COA dismisses as moot an appeal from the circuit court’s order that resulted in K.H. serving 20 days of a remedial sanction for contempt of court.

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