On Point blog, page 2 of 265
COA does not resolve novel Fourth Amendment issue, holds that consent excuses years-long seizure of cell phone
State v. Ryan D. Zimmerman, 2023AP1888-CR, 11/25/25, District III (not recommended for publication); case activity
Although Zimmerman identifies a novel Fourth Amendment issue, COA ultimately uses Zimmerman’s consent to get around that issue and affirms.
COA: Police reasonably conveyed implied consent warnings to suspected drunk driver although officer commented to driver that not all of the warnings applied.
State v. Sam M. Shareef, 2025AP661, 12/10/25, District II (ineligible for publication); case activity
The COA holds that police reasonably conveyed implied consent warnings to a suspected drunk driver although the officer told the driver that some of the circumstances described on the Informing the Accused form did not apply to him.
COA affirms denial of motion to dismiss delinquency petition filed 351 days after the § 938.25(2)(a) deadline.
State v. K.R.C., 2025AP90, 12/9/25, District III (one-judge decision; ineligible for publication); case activity
“Kyle” appeals, arguing that the state did not have good cause for filing a delinquency petition outside the 20-day filing deadline in WIS. STAT. § 938.25(2)(a). COA disagrees and affirms.
COA: Circuit court erroneously exercised discretion in finding deceased officer’s body camera footage could not be authenticated.
State v. Billy Ray Edward Johnson, 2024AP1135, 12/2/25, District I (ineligible for publication); case activity
COA reverses order denying State’s motion to admit body camera footage compiled by a deceased police officer.
Defense win: COA reverses Chapter 51 order and finds County did not prove current dangerousness
Portage County v. T.W.P., 2025AP1183, 11/26/25, District IV (ineligible for publication); case activity
In a case involving a commitment order originating in “2008 or 2009,” COA finds that the County failed to prove that T.W.P. is currently dangerous and therefore reverses.
COA finds sufficient evidence to affirm trial conviction for violating domestic abuse injunction by sending Facebook message.
State v. Clinton J. Adams, 2025AP1179, 11/26/25, District II (ineligible for publication); case activity
COA affirms jury’s conviction for knowingly violating a domestic abuse injunction over sufficiency challenge.
Defense Win: COA relies on Melanie L. and Virgil D. to reverse involuntary medication order
Outagamie County v. R.M.R., 2025AP561, 11/18/25, District III (ineligible for publication); case activity
In a strong defense win, COA rejects the County’s arguments and holds that the evidence is insufficient to support this medication order as the County failed to name the particular medication it sought to involuntarily administer.
COA affirms TPR order, rejects arguments premised on “substantial likelihood” question for continuing CHIPS as undeveloped and forfeited
Kenosha County v. V.L.W., 2025AP1914, 11/12/25, District II (ineligible for publication); case activity
COA rejects “Victor’s” arguments on appeal, which are all based on the continuing CHIPS “substantial likelihood” provision applying in his case. COA concludes that Victor did not prove this provision, which requires that the has been placed outside the home for less than 15 of the most recent 22 months, should apply.
COA affirms denial of suppression motion in OWI 3rd case based on concession
State v. Richard T. Weske, 2025AP154-CR, 11/5/25, District II (ineligible for publication); case activity
Weske appeals the circuit court’s denial of his motion to suppress evidence on the basis that the investigatory traffic stop constituted an unreasonable seizure because the officer was outside his jurisdiction and was therefore without authority to conduct the stop. COA affirms, concluding that the officer had reasonable suspicion to conduct a traffic stop for a suspected OWI, and Weske conceded that the officer had the authority to do so outside his jurisdiction under Wis. Stat. § 349.03(4).
Defense Win: COA reverses order extending involuntary commitment.
Trempealeau County v. S.K., 2025AP645, 11/4/25, District III (ineligible for publication); case activity
The COA reversed the circuit court’s order to extend “Sharon’s” involuntary commitment. Although the County presented evidence that Sharon would stop taking medication to treat her schizophrenia if she were not committed, the evidence to support her current dangerousness was conclusory.