On Point blog, page 1 of 97

COA affirms revoking driver’s license for refusing to consent to a blood draw because law enforcement had reasonable suspicion to subject driver to field sobriety tests, which provided probable to arrest for OWI.

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.

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COA concludes that circuit court properly exercised discretion in imposing maximum term of NGI commitment and declines to impose additional requirements

State v. Gavin J. Balke, 2024AP579-CR, 10/13/26, District III (not recommended for publication); case activity

COA rejects Balke’s challenge to the length of his not guilty by reason of mental disease or defect (“NGI”) commitment, concluding that the record “amply supports the circuit court’s discretionary decision” to order the maximum commitment period possible and declines to apply sentencing law in the context of an NGI commitment.

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COA: Sentencing court may set eligibility date for extended supervision based on victim’s life expectancy if relevant to a primary sentencing factor.

State v. Antwon C. Powell, 2024AP2551, 8/25/26, District III (not recommended for publication); case activity

The COA held that a circuit court may rely on a victim’s life expectancy to set an eligibility date for extended supervision, provided life expectancy is relevant to the primary sentencing factors.

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COA grants sentence credit claim in authored decision

State v. Matthew Guy O’Dierno, 2025AP1327, 8/6/26, District IV (not recommended for publication); case activity

COA holds that O’Dierno is entitled to sentence credit on new charges for his entire period of pretrial jail custody when a portion of the time was also spent completing a conditional jail sentence.

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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.

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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.

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COA certifies sentencing challenge with potentially broad-sweeping impact

State v. Nicholas B. Selerski., 2024AP1846-CR, 6/25/26, District IV (certification opinion); denied 10/14/25; 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.

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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.

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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.

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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.

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