On Point: 9. Crimes

Kenneth Karwacki v. Josh Kaul, No. 25-2361, 4/2/26

In a brief opinion affirming the district court’s order dismissing the plaintiff’s claims that Wisconsin violated his constitutional rights by denying his application for a permit to carry a concealed firearm, the Seventh Circuit Court provides a primer on the Full Faith and Credit Clause of the Constitution and summarizes recent federal cases addressing Second Amendment challenges to laws prohibiting possessing firearms due to criminal convictions.

State v. Joseph A. Wheat, 2024AP2369-CR, 4/8/26, District II (ineligible for publication); case activity

The COA held that the defendant was not entitled to have his firearm and ammunition returned to him or sold to a third party for his benefit after they were seized by police when he was charged with carrying a handgun where alcohol is sold and consumed.  Although the charge was dismissed and read in, the COA considered the defendant admitted to committing the offense when he agreed to have it dismissed and read in.

State v. Conor Alexander Noble, 2025AP811-CR, 3/11/26, District II (1 judge opinion, ineligible for publication); case activity

COA rejects Noble’s facial unconstitutionality challenge to Wisconsin’s Implied Consent Law (ICL) and affirms the circuit court’s denial of Noble’s motion to suppress the blood draw results for lack of voluntary consent.

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.

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.

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.

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.

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.

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.

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.