On Point blog, page 2 of 267
COA finds there was sufficient evidence of obstructing and affirms
State v. Kyle R. Appel, 2023AP2083-CR, 2/17/26, District III (ineligible for publication); case activity
Applying a standard of review exceptionally deferential to a jury’s decision to convict, COA distinguishes Appel’s proffered authority and affirms.
COA rejects challenge to TPR dispositional order and affirms
State v. L.Z., 2025AP2731-32, 2/17/26, District I (ineligible for publication); case activity
Although L.Z. tries to capitalize on certain statements in the court’s oral ruling as giving a foothold for her appellate challenge, the standard of review means the argument attacking a discretionary decision goes nowhere.
COA rejects challenges to discretionary restitution order and affirms
State v. Tate H. Batson, 2025AP136-CR, 2/12/26, District IV (ineligible for publication); case activity
Although Batson tries his best to poke holes in the judge’s discretionary decision, the deferential standard of review means those arguments uniformly fail.
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.
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.
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.
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.
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.
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.
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.