On Point: 9. Crimes

County of Jefferson v. Juan Carlos Garcia, 2025AP1199-1200, 10/29/26, District IV (ineligible for publication); case activity

Although Garcia scores a minor victory by persuading COA to set aside FST evidence, COA finds the evidence still supported probable cause.

State of Wisconsin v. Frederick Ronald Schwenk, 2025AP2528, 10/29/26, District IV (not eligible for publication); case activity

The COA affirmed the circuit court’s order revoking the defendant’s driver’s license for 12 months because a state trooper had reasonable suspicion to subject a driver to field sobriety testing, and thereafter had probable cause to arrest the driver for operating a vehicle while intoxicated.

City of Kenosha v. Jackson Rathod, 2024AP2307, 10/28/26, District II (not eligible for publication); case activity

The COA affirmed the defendant’s conviction for operating a motor vehicle while intoxicated.  It held that the defendant was not entitled to have the jury instructed on necessity because he had an alternative means of staying warm after drinking alcohol at a winter house party, other than returning to his car to turn on the heat.

Village of Whitefish Bay v. Ross Bolingbroke, 2025AP2035-36, 10/27/26, District I (ineligible for publication); case activity

Although Bolingbroke claims he was unable to attend court due to a medical issue, COA upholds the circuit court’s discretionary decision under these facts.

Portage County v. Carter Townsend Andreae, 2024AP1330 & 1331, 9/11/26, District IV (ineligible for publication); case activity

COA rejects Andreae’s challenges to the circuit court’s denial of his three pretrial motions and affirms the refusal and PAC 1st.

State v. Kevin Jones, 2025AP1539-CR, 9/8/26, District IV; case activity (including briefs)

On the heels of its certification last month in Bethke (see our post here) asking SCOW to determine whether Wisconsin’s legalization of hemp requires the State to prove as an element of the offense of possessing tetrahydrocannabinols (THC) that a substance contains greater than 0.3 percent of THC, the COA certified two additional issues for SCOW.

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.

State v. Aaron AJ Bethke, 2025AP1383-CR, 8/4/26, District III; case activity (including briefs)

In a rare case where the State believes the pattern jury instructions get it wrong, COA asks SCOW to settle an important burden of proof issue for marijuana prosecutions.

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.

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.