On Point blog, page 1 of 97
COA denies sentence credit for time spent serving later-vacated reconfinement sentence in decision recommended for publication
State v. Steven F. Zastrow, 2025AP2024, 7/21/26, District III (recommended for publication); case activity
Relying on Beets, COA concludes that Zastrow is not entitled to credit against a consecutive sentence for the time he spent serving a reconfinement sentence that was later vacated.
COA finds challenge to contempt order in CHIPS case moot
Manitowoc County HSD v. K.H., 2025AP1865, 7/8/26, District II (ineligible for publication); case activity
Confronted with a relatively straightforward challenge to the circuit court’s discretion, COA finds that no exceptions to mootness require it to address K.H.’s arguments.
COA certifies sentencing challenge with potentially broad-sweeping impact
State v. Nicholas B. Selerski., 2024AP1846-CR, 6/25/26, District IV (certification opinion); case activity
In a case that might make many appellate attorneys justifiably nervous, COA asks whether we’ve all been getting sentencing law wrong for decades.
COA: Restitution properly awarded to disorderly conduct victim where defendant fled in and did not return car jointly owned with victim.
State v. Alexander C. Beaver, 2025AP1768-CR, 4/1/26, District II (ineligible for publication); case activity
The COA affirmed the circuit court’s award of restitution to a disorderly conduct victim where the defendant fled the scene in a vehicle jointly owned by the victim and the defendant and did not return the vehicle.
COA: Collateral attack on prior OWI must allege defendant did not know potential penalties even if plea colloquy was defective; affiant requesting warrant for blood draw need not have witnessed arrest.
State of Wisconsin v. Jonathon L. Sundermeyer, 2024AP2007-CR, 3/3/26, District III (not recommended for publication); case activity
The COA concludes a defective plea colloquy was not sufficient to collaterally attack the defendant’s prior OWI conviction where the defendant did not establish he was unaware of the potential penalties for his prior conviction. The COA also determined an officer’s affidavit in support of a blood draw complies with the constitutional requirement for an an affidavit to be supported by oath or affirmation where the officer was not present when the defendant was arrested for operating while intoxicated (OWI) but relied on information from an officer who was present.
Defense win: Circuit court erred in sua sponte vacating plea after state alleged breach of agreement
State v. Timothy Lester Troon, Jr., 2024AP110-CR, 2/19/26, District IV (not recommended for publication); case activity
Troon appeals his OWI 5th conviction and an order denying his postconviction motion, in which he argued that the circuit court erred in sua sponte vacating his first plea and judgment of conviction based on a disagreement between the parties about the joint sentencing recommendation that followed the court’s acceptance of his plea. COA agrees, vacating the conviction, reinstate Troon’s first plea and JOC, and remanding for resentencing.
COA holds that costs to investigate crime are recoverable as restitution, but not attorney fees.
State of Wisconsin v. Mary E. Melstrom, 2023AP1176-CR, 2/17/26, District III (ineligible for publication); case activity
The COA affirmed a restitution award to cover the victim insurance company’s costs of investigating the cause of a house fire that was the subject of the defendant’s criminal charge but reversed the award for the victim’s attorney fees.
COA rejects challenges to discretionary restitution order and affirms
State v. Tate H. Batson, 2025AP136-CR, 2/12/26, District IV (ineligible for publication); case activity
Although Batson tries his best to poke holes in the judge’s discretionary decision, the deferential standard of review means those arguments uniformly fail.
COA dismisses appeal related to remedial sanction for contempt of court for nonparty in CHIPS case
Manitowoc County HSD v. K.H., 2024AP1717, District II, 12/23/25, 1-judge decision ineligible for publication; case activity (including briefs)
COA dismisses as moot an appeal from the circuit court’s order that resulted in K.H. serving 20 days of a remedial sanction for contempt of court.
COA confirms that restitution statute providing defendant may raise “any” defense available in a civil action does not include contributory negligence
State v. David T. Waits, 2023AP1592 and 2023AP1593, 12/23/25, District III (ineligible for publication); case activity
The COA affirmed an award of restitution to the victim of a hit and run although the defendant was not allowed to introduce evidence of the victim’s contributory negligence and the victim’s preexisting conditions aggravated her injuries.