On Point blog, page 2 of 266

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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COA confirms that restitution statute providing defendant may raise “any” defense available in a civil action does not include contributory negligence

State v. David T. Waits, 2023AP1592 and 2023AP1593, 12/23/25, District III (ineligible for publication); case activity

The COA affirmed an award of restitution to the victim of a hit and run although the defendant was not allowed to introduce evidence of the victim’s contributory negligence and the victim’s preexisting conditions aggravated her injuries.

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COA holds plea questionnaire and waiver of counsel forms insufficient to shift burden for collateral attack

State v. Matthew John Flynn, 2024AP2306-CR, 12/17/25, District II (ineligible for publication); case activity

Flynn appeals his operating while intoxicated, third offense, conviction and an order denying his collateral attack motion. He argues that the circuit court erred in denying his motion because he alleged sufficient facts to suggest that the prior conviction did not rest upon a knowing, intelligent, and voluntary waiver of his right to counsel. COA affirms.

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COA rejects challenge to circuit court’s exercise of discretion on disposition determination

Marquette County DHS v. J.J., 2025AP1963, 1964 & 1965, 12/18/25, District IV (ineligible for publication); case activity

J.J. stipulated to the existence of grounds for termination but contested disposition. He now appeals the orders terminating his parental rights to three of his children, arguing that the circuit court erred because it based its termination decision in part on his poverty. COA concludes that the court did not erroneously exercise its discretion and affirms.

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