On Point blog, page 1 of 275

COA dismissed pro se appellant’s appeal for failing to cite to the record or develop legal arguments.

State of Wisconsin v. Koslawandsky B. Harris, 2026AP462, 11/4/26, District II (not eligible for publication); case activity

The COA affirms pro-se appellant’s twenty-year old conviction because he did not comply with the Rules of Appellate Procedure.

Read full article >

COA reverses order suppressing evidence gathered during warrantless search of rental car

State v. St. Clair Riley, 2024AP2360-CR, 11/3/26, District I (not recommended for publication); case activity

In this state’s appeal, the circuit court ordered suppression of the evidence gathered during a warrantless search of a rental car driven by St. Clair Riley, reasoning that the officers should have contacted the rental car company before having the car towed and failed to complete an inventory form. COA disagrees that these issues render the search unconstitutional and reverses.

Read full article >

COA holds that Ch. 51 respondent forfeited his right to counsel by successfully requesting change of appointed counsel

Winnebago County v. C.B., 2026AP1754-FT, 11/4/26, District II (ineligible for publication); case activity

In a case that signals an alarming watering down of the forfeiture standard, COA finds nothing improper about forcing a mentally ill Chapter 51 respondent to represent themselves at a final hearing simply because they requested a single change in counsel.

Read full article >

COA upholds default order despite some “questionable” aspects of case, finds court properly exercised discretion at dispo

State v. S.B.T., 2026AP1890, 11/4/26, District II (ineligible for publication); case activity

Although S.B.T. presents a number of mitigating facts to excuse her nonappearance, COA holds the circuit court did not erroneously exercise its discretion and rejects her challenges to the disposition.

Read full article >

COA affirms TPR default judgment entered after one missed hearing

State v. M.R., 2026AP1742 & 2026AP1743, 10/20/26, District I (ineligible for publication); case activity

COA holds that the circuit court properly exercised its discretion when it found “Margo” in default when she missed one court appearance and affirms orders terminating her parental rights.

Read full article >

COA holds there was probable cause to arrest for OWI

County of Jefferson v. Juan Carlos Garcia, 2025AP1199-1200, 10/29/26, District IV (ineligible for publication); case activity

Although Garcia scores a minor victory by persuading COA to set aside FST evidence, COA finds the evidence still supported probable cause.

Read full article >

COA affirms revoking driver’s license for refusing to consent to a blood draw because law enforcement had reasonable suspicion to subject driver to field sobriety tests, which provided probable to arrest for OWI.

State of Wisconsin v. Frederick Ronald Schwenk, 2025AP2528, 10/29/26, District IV (not eligible for publication); case activity

The COA affirmed the circuit court’s order revoking the defendant’s driver’s license for 12 months because a state trooper had reasonable suspicion to subject a driver to field sobriety testing, and thereafter had probable cause to arrest the driver for operating a vehicle while intoxicated.

Read full article >

COA concludes that circuit court properly exercised discretion in imposing maximum term of NGI commitment and declines to impose additional requirements

State v. Gavin J. Balke, 2024AP579-CR, 10/13/26, District III (not recommended for publication); case activity

COA rejects Balke’s challenge to the length of his not guilty by reason of mental disease or defect (“NGI”) commitment, concluding that the record “amply supports the circuit court’s discretionary decision” to order the maximum commitment period possible and declines to apply sentencing law in the context of an NGI commitment.

Read full article >

COA: Defendant not entitled to jury instruction on necessity at OWI trial because turning on vehicle was not only means to prevent harm from exposure to cold.

City of Kenosha v. Jackson Rathod, 2024AP2307, 10/28/26, District II (not eligible for publication); case activity

The COA affirmed the defendant’s conviction for operating a motor vehicle while intoxicated.  It held that the defendant was not entitled to have the jury instructed on necessity because he had an alternative means of staying warm after drinking alcohol at a winter house party, other than returning to his car to turn on the heat.

Read full article >

COA holds that circuit court properly refused to reopen default judgments related to OWI tickets

Village of Whitefish Bay v. Ross Bolingbroke, 2025AP2035-36, 10/27/26, District I (ineligible for publication); case activity

Although Bolingbroke claims he was unable to attend court due to a medical issue, COA upholds the circuit court’s discretionary decision under these facts.

Read full article >