On Point blog, page 1 of 273

COA finds that “impossibility” is not a defense to failure to assume a parental relationship; affirms TPR

State v. K.T.R., 2026AP929, 10/14/26, District II (ineligible for publication); case activity

COA holds that the jury’s “impossibility” finding with respect to the continuing CHIPS allegation does not “carry over” to the failure to assume ground and affirms an order terminating parental rights.

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COA affirms dismissal without prejudice where State did not comply with Interstate Agreement on Detainers.

State v. Larry J. Rush, 2024AP522, 10/6/26, District III (ineligible for publication); case activity

The COA affirmed the circuit court’s order dismissing three misdemeanor charges without prejudice when the State did not comply with the Interstate Agreement on Detainers.

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COA affirms denial of motion to suppress search of individual based on K9’s alert to driver’s car door

State v. Alan Joseph Lecher, 2026AP90-CR, 10/7/26, District II (ineligible for publication); case activity

COA affirms circuit court’s denial of Lecher’s motion to suppress law enforcement’s discovery of alprazolam tablets after a warrantless search, concluding that probable cause existed to search Lecher’s person.

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COA holds that circuit court did not erroneously exercise discretion in refusing to reopen forfeiture case

Village of Whitefish Bay v. Ross Bolingbroke, 2025AP2547-52, 10/15/26, District I (ineligible for publication); case activity

COA affirms the court’s ruling that Bolingbroke’s audio-only Zoom appearance merited a default judgment and determines that medical evidence provided by Bolingbroke did not justify reopening the matter after a second missed court date.

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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.

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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.

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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.

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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.

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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.

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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.

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