On Point blog, page 4 of 275
COA rejects challenge to exercise of discretion at TPR disposition hearing
State v. Y.M., 2026AP1212, 8/27/26, District I (ineligible for publication); case activity
“Yolanda” challenges the circuit court’s exercise of discretion at disposition, arguing that the evidence lacked “complete and meaningful testimony” from the children’s foster placements and potential adoptive parents. COA rejects these arguments and affirms.
COA affirms denial of motion to suppress extension of stop and PBT results
State v. Paula Andrea Champion, 2025AP802, 8/18/26, District I (ineligible for publication); case activity
COA affirms circuit court’s denial of Paula Champion’s motion to suppress in appeal of PAC 1st judgment.
COA clarifies ability of circuit court to enter default order for nonappearance in civil OWI matter
Lincoln County v. Kayla J. Ristau, 2024AP404, 8/25/26, District III (ineligible for publication); case activity
In a case interpreting a common scenario for some practitioners handling first offense OWIs, COA clarifies the ability of the circuit court to hold a defendant in default for nonappearance and reverses this default order.
COA relies on evidence from initial protective placement hearing to conclude current placement least restrictive where there is no evidence condition had changed and some evidence condition had deteriorated.
Door County v. R.A.W., 2026AP83, 8/18/26, District III (ineligible for publication); case activity
The COA affirmed the appellant’s protective placement in a 24-hour community based residential facility because evidence from the initial hearing and hearing to continue protective placement was sufficient to show that the current placement was the least restrictive in light of the appellant’s need for medication management and 24-hour supervision.
COA rejects circuit court’s factual findings in speeding appeal
State v. Jeremy Kris Pool, 2025AP1228, 8/20/26, District IV (ineligible for publication); case activity
In a rare case where COA opts to critique and then ultimately reject the factual findings of the circuit court, COA concludes the lower court erred in determining Pool’s speed. It rejects his argument that the citation was improperly amended during the trial.
COA rejects evidentiary challenges to OWI conviction.
Town of Geneva v. Terry Douglas Litts, II, 2025AP1039, 8/5/26, District II (ineligible for publication); case activity
The COA rejected the defendant’s evidentiary challenges and affirmed his convictions after a court trial for operating under the influence and operating with a prohibited alcohol concentration.
Defense wins: COA finds defendant exercising his right to avoid contact with law enforcement did not provide reasonable suspicion for investigatory detention.
State v. Derek A. Lamb, 2025AP824, 7/31/26, District IV (not recommended for publication); case activity
The COA reversed the circuit court’s order denying the defendant’s motion to suppress the fruits of a traffic stop where the only evidence of criminal activity was that the defendant was parked next to another vehicle on a dead-end road at 3 a.m. and the defendant attempted to avoid contact with law enforcement.
Defense Win: COA affirms circuit court order suppressing blood test
State of Wisconsin v. Jorge Luis Perez-Aldape, 2026AP642-CR, 7/29/26, District II (ineligible for publication); case activity
In a unique OWI case, COA relies on SCOW guidance to uphold the circuit court’s order suppressing blood evidence due to a failure to read the person the Informing the Accused Form.
COA holds that consent to blood test was voluntary and rejects challenges to OWI conviction
County of Milwaukee v. Troy Michael Tordoer, 2024AP2492, 7/28/26, District I (ineligible for publication); case activity
Although Tordoer claims that he was coerced into consenting to an evidentiary blood draw, COA agrees with the circuit court that Tordoer’s consent was voluntary.
COA: Circuit court does not lose competency in TPR proceeding when it fails to comply with statutory requirement to hear testimony to support grounds for termination before accepting plea.
Barron County v. K.L.P., 2026AP460 & 2026AP461, 7/21/26, District III (ineligible for publication); case activity
The COA held that the circuit court did not lose competency to enter disposition orders in an action to terminate parental rights if it accepts a no-contest plea to the grounds for termination without hearing testimony, even if Wis. Stat. § 48.422(3) requires testimony.