On Point blog, page 1 of 88

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.

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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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COA: Criminal charges for violating conditions imposed as a result of refusing a warrantless blood draw are constitutional.

State v. Nicholas L. Sparby-Duncan,2024AP1012-CR, 1/6/26, District III (recommended for publication); case activity

In an opinion recommended for publication, the COA affirmed the circuit court’s order denying Nicholas Sparby-Duncan’s motion to dismiss charges for failing to install an ignition interlock device (IID) and operating a motor vehicle with a prohibited alcohol concentration (PAC) above .02.  The COA found that the IID and PAC charges did not impose criminal penalties for Sparby-Duncan previously refusing to submit to a warrantless blood draw, although he was required to install an IID – which subjected him to the .02 PAC —  as a result of his 2008 conviction for refusing.

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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.

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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. 

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COA: Licensed hemp processor may be prosecuted for controlled substance offenses without referral from administrative agency that regulates hemp industry

State v. Christopher J. Syrrakos & Kristyn A. Shattuck, 2024AP554 & 2024AP556, 10/29/25, District II (recommended for publication); case activity (including briefs)

The COA held, in a decision recommended for publication, that a licensed hemp processor may be prosecuted for offenses related to possessing, manufacturing, and delivering products that contain concentrations of THC above the threshold to be classified as “hemp” without a referral by the agency concerned with regulating the hemp industry.

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COA affirms probable cause finding at refusal hearing

State v. Jason D. Hull, 2025AP483, 10/23/25, District IV (ineligible for publication); case activity

The COA affirmed the circuit court’s judgment that the Dodge County Sheriff’s Department had probable cause to believe that Jason Hull operated a vehicle while intoxicated and his refusal to submit to chemical testing was therefore improper.

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COA, bound by precedent, rejects constitutional challenge involving mandatory minimum CSA charges

State v. Keith Kenyon, 2022AP2228-CR, 9/16/25, District I (recommended for publication); case activity

Although COA is surprisingly candid in acknowledging some of the injustices present in this appeal, the Court ultimately concludes that Kenyon’s constitutional challenge is foreclosed by existing precedent.

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COA concludes testimony alone, with no physical evidence, is sufficient to affirm conviction for driving faster than was reasonable and prudent.

Dane County v. Trent Joseph Meyer, 2024AP1630, 8/14/25, District IV (ineligible for publication); case activity

The COA affirmed a conviction for driving faster than was reasonable and prudent under the conditions where the defendant drove 20 miles-per-hour above the speed limit and came “close” to other cars’ bumpers. 

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